John Swan v. HHS - Influenza, shoulder injury (2017)

John Swan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered an injury to his left shoulder as a result of an influenza vaccination he received on September 17, 2014. After investigating the facts and science supporting his case, Mr.

Swan moved for a decision dismissing his petition, acknowledging that he would be unable to prove entitlement to compensation. He understood that this dismissal would end all his rights in the Vaccine Program.

To receive compensation, a petitioner must prove either a "Table Injury" or that a covered vaccine actually caused their injury. The record did not disclose evidence of a Table Injury, nor did it contain a medical expert's opinion or other persuasive evidence indicating that the vaccine caused Mr.

Swan's alleged shoulder injury. The decision noted that a petition cannot be awarded compensation based on claims alone and must be supported by medical records or a medical opinion.

Because the record lacked sufficient evidence to demonstrate injury caused by the vaccine, Mr. Swan's claim for compensation was denied and the case was dismissed for insufficient proof.