Bonnie Stratton v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2018)

Filed 2016-08-29Decided 2018-04-30Vaccine Tdap
dismissed

Case summary [AI summaries can sometimes make mistakes]

Bonnie Stratton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a Tdap vaccination received on June 25, 2014. The petition was filed on August 29, 2016.

On June 13, 2017, Ms. Stratton moved to dismiss her own petition, acknowledging that insufficient evidence existed to demonstrate entitlement to compensation.

She stated that an investigation of the facts and science supporting her case showed she would be unable to prove entitlement. The court noted that to receive compensation, a petitioner must prove either a Table Injury or that a covered vaccine actually caused the 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 the alleged injury was caused by a covered vaccine. The court found that the petition was not supported by sufficient medical records or a medical opinion.

Consequently, the Chief Special Master denied the claim and dismissed the case for insufficient proof, entering judgment against the petitioner. The decision was issued on April 30, 2018.

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