Kimberly Holway v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2018)

Kimberly Holway filed a petition on July 14, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her influenza vaccination on October 23, 2015. The record did not contain sufficient evidence to demonstrate entitlement to compensation.

On July 3, 2018, Ms. Holway moved to dismiss her petition, acknowledging that she would be unable to prove entitlement to compensation.

She understood that this dismissal would result in a judgment against her and end her rights in the vaccine program. To receive compensation, a petitioner must prove a Table Injury or that a vaccine actually caused their injury, and meet certain duration or severity requirements.

The court found that the record lacked preponderant evidence that Ms. Holway satisfied these requirements, as it did not contain sufficient medical records or opinions to demonstrate injury.

Therefore, her claim was denied and dismissed for insufficient proof.