James Victor Grant v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

James Victor Grant filed a petition alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on September 15, 2015. The case was filed on September 14, 2018.

The respondent contended that Mr. Grant failed to meet the burden of proof, specifically that his injury did not persist for more than six months post-vaccination.

The court noted that Mr. Grant's shoulder pain resolved about four months after vaccination, and a treating physician two years later attributed a subsequent shoulder injury to weightlifting and boxing, not the flu shot.

Mr. Grant was ordered to provide additional medical records and evidence to demonstrate the injury's persistence for over six months, but he failed to do so despite multiple extensions and orders.

The court also cited Mr. Grant's general failure to prosecute the case, including not responding to court orders and warnings of dismissal.

Consequently, the petition was dismissed for insufficient proof of the injury's duration and for failure to prosecute. No compensation was awarded.