Mark Ferrara v. HHS - Influenza, shoulder injury related to vaccine administration (2020)

Mark Ferrara filed a petition under the National Vaccine Injury Compensation Program on October 20, 2017, alleging he developed a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 20, 2014. The petition was filed with the Court of Federal Claims.

The record did not contain sufficient evidence to prove entitlement to compensation. Petitioner filed an unopposed motion to dismiss his petition on October 7, 2019, conceding that he would be unable to prove entitlement to compensation and that further proceedings would be an inefficient use of resources.

Respondent did not object to the dismissal. To receive compensation, Petitioner must prove either a "Table Injury" corresponding to the vaccination or that the injury was caused by the vaccine.

The record did not contain evidence of a "Table Injury" or persuasive evidence that the alleged injury was caused by the flu vaccine. The petition must be supported by medical records or a competent physician's opinion, neither of which was sufficiently present in the record.

Petitioner did not file a supportive expert opinion. Consequently, the case was dismissed for insufficient proof by Special Master Herbrina Sanders on July 24, 2020.

Donald P. Edwards represented the Petitioner, and Althea W.

Davis represented the Respondent.