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

Thomas Hettenbach filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) caused by the measles, mumps, and rubella (MMR) vaccine he received on April 14, 2016. The petition was filed on March 23, 2018.

After investigating the facts and science, Mr. Hettenbach concluded that he would be unable to prove entitlement to compensation.

He subsequently filed a motion for a decision dismissing his petition, acknowledging that insufficient evidence existed to demonstrate entitlement. The court noted that to receive compensation, a petitioner must prove either a Table Injury or that a vaccine actually caused the 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 the alleged injury was vaccine-caused. The decision stated that compensation cannot be awarded 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, Mr. Hettenbach's claim was denied and the case was dismissed for insufficient proof.