Sharyn Waidzunas v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2018)

Sharyn Waidzunas filed a petition for compensation under the National Vaccine Injury Compensation Program on October 16, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) from an influenza vaccination received on September 15, 2014. After reviewing the case, Ms.

Waidzunas moved for a decision to dismiss her own petition, acknowledging that she would be unable to prove entitlement to compensation. She understood that this dismissal would result in a judgment against her and end her rights in the Vaccine Program.

The court noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the 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 that the alleged injury was vaccine-caused.

The decision stated that a petition must be supported by medical records or a medical opinion, neither of which was sufficient in this case. Consequently, the case was denied and dismissed for insufficient proof, and judgment was entered accordingly.