Jessica Barrett v. HHS - Influenza, right shoulder injury (2019)

Filed 2016-06-28Decided 2019-10-28Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Jessica Barrett filed a petition for vaccine compensation on June 28, 2016, alleging she received an influenza vaccine on September 30, 2013, and subsequently suffered a right shoulder injury. The court reviewed the case and found that the information in the record did not support entitlement to an award under the National Vaccine Injury Compensation Program.

Barrett was required to prove either a "Table Injury" or that her injury was actually caused by the vaccine. The record did not contain evidence of a Table Injury, nor did it include persuasive evidence that the alleged injury was vaccine-caused.

Furthermore, the petition lacked sufficient supporting medical records or a competent physician's opinion to establish entitlement. Consequently, Barrett filed a Motion for Dismissal Decision on October 1, 2019, requesting her case be dismissed.

The court granted this motion, dismissing the case for insufficient proof.

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