Charles W. Morrill v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Charles W. Morrill filed a petition on June 26, 2018, alleging that an influenza vaccination on October 5, 2017, caused him to develop a right Shoulder Injury Related to Vaccine Administration (SIRVA).

He claimed this was a Table injury. The respondent is the Secretary of Health and Human Services.

On March 24, 2021, Mr. Morrill filed a motion to dismiss his own petition, stating that an investigation of the facts and science demonstrated he would be unable to prove entitlement to compensation.

He understood that this dismissal would result in a judgment against him and terminate his rights in the Vaccine Program. The court noted that to receive compensation, petitioners must prove either a Table Injury or that the vaccine caused the injury.

Mr. Morrill failed to demonstrate that he received a covered vaccine in his right shoulder, and thus could not receive compensation through the program.

Consequently, the court granted his motion and dismissed the petition for insufficient proof.