Reva Sims v. HHS - Influenza, left shoulder injury (2019)

Reva Sims filed a petition for compensation under the National Vaccine Injury Compensation Program on December 8, 2017, alleging she developed a left shoulder injury as a result of an influenza vaccination received on October 8, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report stating that Ms.

Sims had not satisfied her burden of proof, noting she did not appear to have suffered residual effects for more than six months post-vaccination and failed to establish causation-in-fact. The court granted Ms.

Sims' request for an extension to obtain an expert report. However, Ms.

Sims subsequently filed a motion to dismiss her own claim, stating she was unable to secure evidence to prove entitlement to compensation. The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the injury was actually caused by a vaccine, and that the petition must be supported by medical records or expert opinion.

As there was insufficient evidence in the record for Ms. Sims to meet her burden of proof, her claim could not succeed.

Therefore, the case was dismissed for insufficient proof.