Ronnie Duesterheft v. HHS - Influenza, right shoulder injury (2021)

Ronnie Duesterheft filed a petition alleging that an influenza vaccine received on September 23, 2015, caused a right shoulder injury. His petition was filed on January 2, 2018.

Betty Duesterheft was later substituted as the personal representative of Mr. Duesterheft's estate.

The petitioner initially sought a finding that the shoulder pain onset occurred within 48 hours of the vaccination, which is a criterion for a Table Injury of SIRVA. However, the Special Master issued a Finding of Fact on February 24, 2021, determining there was insufficient evidence to prove the injury began within the required timeframe.

Following this, the petitioner moved to dismiss her own petition, acknowledging that without establishing a Table Injury or proving causation-in-fact under Althen, proceeding would be unreasonable. The Special Master granted the motion to dismiss, concluding that the petitioner failed to establish a prima facie case for entitlement to compensation.

The case was dismissed, and judgment was entered against the petitioner.