Ibironke Akintaju v. HHS - Influenza, allergic reaction and shoulder pain (2021)
Case summary [AI summaries can sometimes make mistakes]
Ibironke Akintaju filed a petition alleging that the influenza vaccine she received on October 23, 2014, caused an allergic reaction and shoulder pain. Her petition was filed on October 20, 2017.
The medical records submitted by Ms. Akintaju were reviewed by the Secretary, who raised concerns about their reliability, particularly regarding the treating physician, Dr.
Bruce Rind, who had been reprimanded for failing to keep adequate medical records. After a hearing and further evidence submission, a ruling determined that Ms.
Akintaju's shoulder pain began no sooner than January 1, 2015, which was more than two months after her vaccination. This finding precluded her from pursuing an on-Table SIRVA claim.
Lacking sufficient evidence to establish causation for an off-Table injury, Ms. Akintaju subsequently moved to dismiss her own petition.
The Special Master granted the motion, dismissing the case with prejudice for insufficient proof. The decision was issued on July 7, 2021.
Source PDFs
USCOURTS-cofc-1_17-vv-01574