Thomas Prestia v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Thomas Prestia filed a petition on January 4, 2017, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) in his right shoulder as a result of a flu vaccination he received on September 29, 2015. The petition did not expressly allege SIRVA but appeared to advance such a claim.

A fact hearing was held on December 13, 2017, to determine the onset and nature of the injury. Special Master Herbrina Sanders issued a fact ruling on May 14, 2018, finding that Mr.

Prestia experienced a gradual onset of right shoulder pain and range of motion issues beginning in February 2016, with significant improvement by June 2016, warranting discontinuation of treatment. On June 13, 2018, Mr.

Prestia filed a motion to dismiss his petition, conceding that an investigation of the facts and science supporting his case demonstrated he would be unable to prove entitlement to compensation under the National Vaccine Injury Compensation Program. Respondent, the Secretary of Health and Human Services, did not object to the motion.

Special Master Sanders noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine. The record did not contain evidence of a "Table Injury" or persuasive evidence that the alleged injury was caused by the flu vaccine.

Furthermore, the medical records were insufficient to prove the claim, and Mr. Prestia had not filed a supportive expert opinion.

Consequently, the case was dismissed for insufficient proof. The Clerk was ordered to enter judgment accordingly.

Petitioner was represented by Shealene P. Wasserman of Muller Brazil LLP, and Respondent was represented by Ann D.

Martin of the United States Department of Justice. The decision was issued by Special Master Herbrina Sanders on October 2, 2018.