Karen Aebig v. HHS - Influenza, shoulder injury (2018)

Karen Aebig filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered injuries to her right shoulder as a result of an influenza vaccination she received on October 26, 2013. The petition was filed on July 20, 2017.

After investigating the facts and science supporting her case, Ms. Aebig moved for a decision dismissing her petition, acknowledging that she would be unable to prove entitlement to compensation.

She understood that this dismissal would end all her 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 Ms. Aebig's alleged shoulder injury was vaccine-caused.

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. As the record lacked sufficient evidence to demonstrate injury by a vaccine, Ms.

Aebig's claim for compensation was denied and the case was dismissed for insufficient proof. The Clerk was ordered to enter judgment accordingly.