Pauline Hardy v. HHS - Influenza, right shoulder injuries (2018)

Pauline Hardy filed a petition on February 17, 2017, alleging she suffered right shoulder injuries as a result of an influenza vaccination received on November 5, 2015. The case progressed, and on June 28, 2018, Ms.

Hardy filed a Motion to Dismiss her petition. She conceded that an investigation demonstrated she would be unable to prove entitlement to compensation under the National Vaccine Injury Compensation Program.

The decision 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 contain evidence of a Table Injury, nor persuasive evidence that the flu vaccine caused her alleged shoulder injury.

The decision also stated that petitions must be supported by medical records or a competent physician's opinion, neither of which were sufficiently present in this case. Therefore, the case was dismissed for insufficient proof.