Robert Robinson v. HHS - Influenza, left shoulder pain and other related injuries (2020)

Robert Robinson filed a petition for compensation under the National Vaccine Injury Compensation Program on October 24, 2017, alleging that he suffered from left shoulder pain and other related injuries as a result of an influenza vaccination he received on September 16, 2016. The respondent, the Secretary of Health and Human Services, filed a report stating that Mr.

Robinson failed to establish by a preponderance of the evidence that the vaccine administration caused his alleged injury, SIRVA, and concluded he was not entitled to compensation. Following a status conference, Mr.

Robinson was given opportunities to file an expert report to support his claim, but he was unable to retain an expert. Ultimately, Mr.

Robinson filed a motion to dismiss his own claim, stating that an investigation of the facts and science demonstrated he would be unable to prove his entitlement to compensation. The court found that there was insufficient evidence in the record for Mr.

Robinson to meet his burden of proof and, in accordance with his motion, dismissed the case for insufficient proof.