Melba L. Callaway v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Melba L. Callaway filed a petition on November 26, 2017, alleging that she received an influenza vaccine on October 16, 2015, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA) with lasting complications.

After investigating the facts and science, Ms. Callaway concluded that she would be unable to prove her entitlement to compensation under the National Vaccine Injury Compensation Program.

She filed a motion to dismiss her claim, understanding that this would result in a judgment against her and end her rights in the program, but intending to preserve her right to file a civil action. The respondent did not oppose the motion.

The Special Master noted that to receive compensation, a petitioner must prove either a Table Injury or an injury caused-in-fact by the vaccine. The record did not support a finding of a Table Injury, nor did it contain persuasive evidence that the flu vaccine caused her injury.

The Special Master also noted that a petitioner must support their claim with medical records or a physician's opinion, and that Ms. Callaway had not submitted an expert report.

Because Ms. Callaway had not met her burden of proof, her claim could not succeed and was dismissed for insufficient proof.

The Clerk of the Court was ordered to enter judgment accordingly.