Michael Cericola v. HHS - Influenza, right Shoulder Injury Related to Vaccine Administration (“SIRVA”) (2019)

Michael Cericola filed a petition for compensation under the National Vaccine Injury Compensation Program on January 31, 2018, alleging he suffered a right Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination received on October 3, 2016. The respondent, the Secretary of Health and Human Services, filed a report stating that Mr.

Cericola had not met his burden of proof. Specifically, the respondent noted the lack of evidence establishing that the vaccination was administered in the right shoulder, that the injury did not predate the vaccination, that the onset of pain occurred within 48 hours, and that the pain was consistent with SIRVA.

Furthermore, the respondent argued that Mr. Cericola failed to demonstrate residual effects for more than six months post-vaccination, as required by the Vaccine Act.

Subsequently, Mr. Cericola filed a motion to dismiss his own claim, indicating that an investigation revealed he would be unable to prove entitlement to compensation.

The court acknowledged that petitioners must provide supporting medical records or expert opinions to prove their claims, either as a Table injury or an off-Table injury caused by the vaccine. Because the record lacked sufficient evidence to meet Mr.

Cericola's burden of proof, and in accordance with his motion, the case was dismissed for insufficient proof.