Thomas D. Taylor v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Thomas D. Taylor filed a petition alleging he suffered Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccination on November 3, 2016.

He submitted medical records, affidavits, and expert reports. Respondent argued that the medical record did not support an onset of pain within 48 hours of vaccination, a requirement for a Table injury for SIRVA.

After a preliminary determination that the onset of pain began in December 2016, Mr. Taylor filed a status report indicating his plan to dismiss the case.

He subsequently filed a motion to dismiss, stating that proceeding further would be unreasonable and a waste of resources. The Special Master noted that to receive compensation, a petitioner must prove a Table injury or that the vaccine actually caused the injury, supported by medical records or expert opinion.

Finding insufficient evidence in the record for Mr. Taylor to meet his burden of proof, the case was dismissed for insufficient proof.