Roger Lamarre v. HHS - Influenza, right shoulder injury (2020)

Roger Lamarre filed a petition alleging that the influenza vaccination he received on November 5, 2015, caused him to suffer a right shoulder injury. The court found that Mr.

Lamarre did experience right shoulder pain following the vaccination, which was likely administered in his right arm, and that the onset of pain occurred within 48 hours. However, the court determined that Mr.

Lamarre failed to demonstrate by a preponderance of the evidence that his injury met the Vaccine Act's six-month severity requirement. The medical records indicated that his shoulder pain resolved by December 2015, and subsequent medical visits did not mention shoulder pain.

The court found that a right bicep injury he sustained in June 2016 while lifting plywood was a separate, unrelated injury. Petitioner's affidavits claiming continuous shoulder pain were not found to be persuasive against the contemporaneous medical records.

Consequently, the petition was dismissed for failure to meet the severity requirement. The case was brought as a Table claim, but entitlement was denied.