Stephen Schmidt v. HHS - Influenza, shoulder injuries (2019)

Stephen Schmidt filed a petition alleging that he developed shoulder injuries as a result of receiving an influenza vaccine on October 6, 2014. Respondent recommended against compensation, noting that the medical records did not show a change in his shoulder condition post-vaccination and that he had a history of joint pain and gout prior to vaccination.

Petitioner's counsel acknowledged difficulty in attributing the shoulder pain to the vaccine, especially given a note from an orthopedist attributing his frozen shoulder to diabetes. Petitioner's counsel was unable to contact him despite multiple attempts and court orders.

The court ordered petitioner to show cause why the case should not be dismissed for failure to prosecute. As petitioner failed to respond or provide further evidence, the case was dismissed for failure to prosecute and failure to respond to court orders.

The claim was not a Table injury, and petitioner failed to establish actual causation or provide sufficient evidence to support his claim.