Maria Swicki v. HHS - Influenza, shoulder injury related to vaccine administration (2021)

Maria Swicki filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 3, 2014. The court's January 7, 2021, fact ruling found that her shoulder pain began in April 2015, approximately six months after the vaccination.

On February 24, 2021, Ms. Swicki moved for a decision dismissing her case, stating she determined she would be unable to prove entitlement to compensation.

She understood that a decision would result in a judgment against her and intended to reject the program's judgment to file a civil action. The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccination actually caused the injury.

The records submitted showed she did not meet the statutory requirements to establish entitlement. Therefore, the court found Ms.

Swicki was not entitled to compensation and dismissed her case, ordering that judgment be entered accordingly.