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

Daphne Lattimer filed a petition for compensation under the National Vaccine Injury Compensation Program on July 20, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her influenza vaccination on September 23, 2015. The decision notes that the information in the record did not show entitlement to an award.

On February 12, 2019, Ms. Lattimer moved for a decision dismissing her petition, acknowledging that insufficient evidence existed to demonstrate entitlement to compensation.

She stated that an investigation of the facts and science supporting her case showed she would be unable to prove entitlement. To receive compensation, a petitioner must prove either a Table Injury or that the 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 the alleged injury was vaccine-caused. The decision emphasizes that compensation cannot be awarded based on claims alone, but must be supported by medical records or a medical opinion.

As the record lacked sufficient evidence to demonstrate Ms. Lattimer was injured by the vaccine, her claim for compensation was denied and the case was dismissed for insufficient proof.