Joseph Zulaski v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Joseph Zulaski filed a petition for compensation under the National Vaccine Injury Compensation Program on February 28, 2018, alleging he suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine received on November 1, 2016. The public decision does not describe the petitioner's counsel or respondent's counsel.

On March 30, 2020, Mr. Zulaski filed a motion to dismiss his own petition, acknowledging that he lacked sufficient evidence to prove his claim.

He stated that his immunization record did not indicate the route and site of the flu vaccination, and he was unable to prove whether he received an intradermal or intramuscular injection. Mr.

Zulaski understood that a dismissal would result in a judgment against him and end all his rights in the Vaccine Program. To receive compensation, the petitioner must prove either a "Table Injury" or that the injury was actually caused by a covered vaccine.

The record did not disclose evidence of a "Table Injury." Furthermore, the record did not contain a medical expert's opinion or other persuasive evidence indicating that the alleged injury was vaccine-caused. The public decision does not describe the specific clinical story, onset, symptoms, tests, or treatments.

Chief Special Master Brian H. Corcoran found that the record did not contain medical records or a medical opinion sufficient to demonstrate that the petitioner was injured by a vaccine.

Consequently, Mr. Zulaski's claim for compensation was denied, and the case was dismissed for insufficient proof.

The Clerk was ordered to enter judgment accordingly.