George Kennedy v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
George Kennedy filed a petition for vaccine compensation on July 20, 2017, alleging he developed a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine. The record did not contain evidence that Mr.
Kennedy suffered a "Table Injury" as defined by the Vaccine Injury Table, nor did it contain persuasive evidence that his alleged injury was vaccine-caused or vaccine-related. To receive compensation under the National Vaccine Injury Compensation Program, a petitioner must prove either a Table Injury or that the injury was actually caused by the vaccine.
The Act requires claims to be supported by medical records or the opinion of a competent physician. The public decision does not describe the specific onset of symptoms, medical records, physician's opinion, or treatments.
Mr. Kennedy filed a Motion for Dismissal Decision on September 12, 2019, requesting that his case be dismissed.
Special Master Mindy Michaels Roth determined that Mr. Kennedy failed to demonstrate entitlement to an award due to insufficient proof and dismissed the case.
The decision was issued on September 12, 2019. Petitioner counsel was Randall Knutson, Esq., and respondent counsel was Christine Becer, Esq.
The decision is unpublished but will be posted on the Court of Federal Claims' website.
Theory of causation
Petitioner George Kennedy filed a petition on July 20, 2017, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine. The case was dismissed on September 12, 2019, by Special Master Mindy Michaels Roth for insufficient proof. Petitioner failed to demonstrate a "Table Injury" or that the injury was "actually caused" by the vaccine, as required by 42 U.S.C. §§ 13(a)(1)(A) and 11(c)(1). The record lacked sufficient medical records or a competent physician's opinion to support the claim. The public decision does not specify the mechanism of injury, named experts, or award details, as the case was dismissed. Petitioner counsel was Randall Knutson, Esq., and respondent counsel was Christine Becer, Esq.
Source PDFs
USCOURTS-cofc-1_17-vv-00978