Lori Welch v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) and developed fibromyalgia with diffuse tender spots (2019)

Lori Welch filed a petition alleging that an influenza vaccination on October 7, 2014, caused her to suffer a Shoulder Injury Related to Vaccine Administration (SIRVA) and develop fibromyalgia. The respondent initially indicated an intent to defend the claim.

During a status conference, the Special Master noted that the medical records made it difficult to distinguish between symptoms related to SIRVA and those related to her fibromyalgia. The Special Master gave the petitioner an opportunity to submit additional medical records.

However, the petitioner subsequently filed a motion to dismiss her own claim, stating that an investigation demonstrated she would be unable to prove entitlement to compensation. The decision notes that the petitioner did not allege a Table injury and failed to meet her burden of proof for an off-Table injury, as she did not submit an expert report to establish causation.

Consequently, the Special Master granted the petitioner's motion and dismissed the case for insufficient proof.