Ruth Nortey v. HHS - Influenza, shoulder injury related to vaccine administration (2020)

Ruth Nortey filed a petition for compensation under the National Vaccine Injury Compensation Program on October 13, 2017, alleging she developed a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 14, 2014. The decision notes that the information in the record did not show entitlement to an award.

On September 28, 2020, Petitioner filed an unopposed motion to dismiss her petition, conceding that she would be unable to prove entitlement to compensation and that proceeding further would be unreasonable. Respondent had no objection to the dismissal.

The court found that Petitioner must prove either a Table Injury or that the vaccine caused her injury, and that the petition must be supported by medical records or a competent physician's opinion. In this case, the medical records were insufficient to prove the claim, and Petitioner did not file a supportive expert opinion.

Therefore, the case was dismissed for insufficient proof.