Gary Helvig v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2017-08-21Decided 2021-06-01Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Gary Helvig filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that an influenza vaccine administered on October 22, 2015, caused him to develop a shoulder injury related to vaccine administration (SIRVA). The court's decision noted that to receive compensation, Mr.

Helvig needed to prove either a Table Injury or that his injury was actually caused by the vaccine. A prior ruling found that his onset of shoulder pain did not occur within 48 hours of the vaccination, which precluded a Table Injury claim.

Mr. Helvig was then required to submit a medical expert opinion to support an off-Table claim, but he failed to do so.

Instead, he filed a motion for dismissal, acknowledging that he would likely be unable to succeed on his claim. Consequently, the court dismissed the case for insufficient proof, as Mr.

Helvig failed to demonstrate either a Table Injury or that his injury was actually caused by the vaccination. No award was granted.

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