George Kennedy v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

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The decision is unpublished but will be posted on the Court of Federal Claims' website.