Robert Woodman v. HHS - Pneumococcal, exacerbation of pain in his left shoulder and other related injuries (2019)

Robert Woodman filed a petition for compensation under the National Vaccine Injury Compensation Program on July 17, 2018, alleging that he suffered an exacerbation of pain in his left shoulder and other related injuries as a result of a pneumococcal (Prevnar-13) vaccination he received on May 30, 2017. Respondent filed a report stating that Petitioner was not entitled to compensation because he had not met his burden of proof.

After extensions, Petitioner filed a status report indicating his intent to file a motion to dismiss. Petitioner then filed a motion to dismiss his claim, stating that an investigation demonstrated he would be unable to prove entitlement to compensation.

The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, and that the petition must be supported by medical records or a medical expert's opinion. In this case, the court found insufficient evidence in the record for Petitioner to meet his burden of proof.

Therefore, the case was dismissed for insufficient proof.