Christine Smith v. HHS - Influenza, left shoulder injury (2019)

Christine Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on February 28, 2017, alleging that she developed a left shoulder injury as a result of an influenza vaccination received on October 16, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report stating that Ms.

Smith had not satisfied her burden of proof, noting that she did not seek medical attention for her shoulder until thirteen months after the vaccination. The Special Master ordered Ms.

Smith to provide further information and scheduled a fact hearing to determine the onset of her injuries. After a hearing and review of evidence, the Special Master found that the contemporaneous medical records indicated the onset of pain in November 2015, approximately thirteen months after the vaccination.

Subsequently, Ms. Smith filed a motion to dismiss her own claim, stating that an investigation of the facts and science demonstrated she would be unable to prove entitlement to compensation.

The Special Master agreed that there was insufficient evidence in the record for Ms. Smith to meet her burden of proof, and therefore, the case was dismissed for insufficient proof.

No compensation was awarded.