Laura Russell v. HHS - Influenza, right shoulder injuries (2020)

Laura Russell filed a petition on December 20, 2019, alleging she suffered right shoulder injuries as a result of an influenza vaccine administered on December 31, 2016. Respondent filed a report on March 22, 2019, concluding that compensation was not appropriate.

The public decision does not describe the specific onset or symptoms of the alleged injury, nor does it detail any medical records, tests, or treatments. The record did not contain sufficient evidence to establish a Table Injury or that the injury was vaccine-caused, lacking medical records or expert opinion to demonstrate injury.

On December 13, 2019, Ms. Russell moved to dismiss her petition, stating she no longer wished to pursue her case and understood this would result in a judgment against her.

She elected to reject the Program judgment to preserve her right to file a civil action. Chief Special Master Brian H.

Corcoran dismissed the case for insufficient proof, stating that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine. The record did not disclose sufficient evidence for either.

The decision does not mention petitioner counsel or respondent counsel by name in the body of the decision, but notes Amy A. Senerth of Muller Brazil, LLP, for Petitioner and Traci R.

Patton of the U.S. Department of Justice for Respondent.

No award amount was granted as the case was dismissed.