Linda D. Kooker v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (2019)

Linda D. Kooker filed a petition on March 28, 2018, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on December 2, 2016.

The Special Master's decision notes that the information in the record does not establish entitlement to compensation. Petitioner subsequently filed a motion to dismiss her own petition, stating that after a full investigation, she would be unable to prove entitlement to compensation.

Respondent did not oppose the motion. The Special Master granted the motion, dismissing the case for insufficient proof.

The decision explained that to receive compensation, a petitioner must prove either a Table injury or that the injury was caused-in-fact by a covered vaccine, supported by medical records or expert opinion. In this case, the public decision states that petitioner did not allege a Table injury and did not provide sufficient medical records or expert opinions to support a finding of entitlement for an off-Table injury.

Petitioner's counsel was Laurie C. TeWinkle, and respondent's counsel was Robert C.

Coleman. Special Master Thomas L.

Gowen issued the decision on October 2, 2019, dismissing the case.