Kevin Randall v. HHS - Influenza, shoulder injury related to vaccine administration (2020)

Kevin Randall filed a petition for vaccine compensation on March 27, 2018, alleging that the influenza vaccine caused him to develop a shoulder injury related to vaccine administration (SIRVA). The record did not contain sufficient evidence to demonstrate entitlement to an award under the National Vaccine Injury Compensation Program.

Petitioner was required to prove either a "Table Injury" listed in the Vaccine Injury Table corresponding to his vaccination or that his injury was actually caused by the vaccine. The record did not contain evidence of a "Table Injury." Furthermore, the record lacked persuasive evidence that petitioner's alleged injury was vaccine-caused or vaccine-related.

Under the Act, petitions cannot be based solely on the petitioner's claims; they must be supported by medical records or the opinion of a competent physician. In this case, the petition lacked supporting medical records, and petitioner offered no medical opinion to support a finding of entitlement.

Maximillian Muller, Esq., represented the petitioner, and Julia Collison, Esq., represented the respondent. Special Master Mindy Michaels Roth issued a decision on January 14, 2020, dismissing the case for insufficient proof.

The Clerk was ordered to enter judgment accordingly.