Cindy Kissler v. HHS - Influenza, vaccine-induced injury related to vaccination, shoulder pain, and tight trap-muscles (2022)

Cindy Kissler filed a petition alleging that an influenza vaccine she received on October 17, 2014, caused or significantly aggravated a shoulder injury, including pain and tight trap muscles. Respondent argued that the petition should be dismissed because Petitioner could not establish six months of residual symptoms and had not shown either a Table injury or that her injury was caused-in-fact by the vaccination.

The court noted that Petitioner did not allege hospitalization, surgical intervention, or death. After reviewing the filings and a status conference, Petitioner moved to dismiss her own petition, stating she did not have sufficient proof.

Respondent did not object. The court found that the medical records were insufficient to prove the injury lasted for six months and that Petitioner had not filed sufficient supporting evidence to establish a Table injury or vaccine causation.

Therefore, the case was dismissed for insufficient proof.