Donna Skwiat v. HHS - Influenza, left shoulder injuries related to vaccine administration (SIRVA) (2019)

Donna Skwiat filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered left shoulder injuries related to vaccine administration (SIRVA) caused by an influenza vaccination she received on November 3, 2015. After investigating the facts and science, Ms.

Skwiat moved for a decision dismissing her petition, acknowledging that she would be unable to prove entitlement to compensation. She understood that a dismissal would result in a judgment against her.

The court noted 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 evidence of a Table Injury, nor did it contain a medical expert's opinion or other persuasive evidence indicating that her alleged injury was vaccine-caused.

Because the petition was not supported by sufficient medical records or a medical opinion, Ms. Skwiat's claim for compensation was denied and the case was dismissed for insufficient proof.