Matthew A. O’Brien v. HHS - Influenza, shoulder injury related to the vaccine administration (2020)

Matthew A. O’Brien filed a petition on September 27, 2018, alleging that the influenza vaccine he received on November 21, 2016, caused him to experience a shoulder injury related to vaccine administration (SIRVA).

The case was initially in the Special Processing Unit but was transferred due to fact and legal issues. Petitioner attempted to find evidentiary support, including an expert opinion, but was unsuccessful.

On November 10, 2020, Petitioner’s counsel filed a motion to dismiss, acknowledging the lack of evidentiary support for the claim. Respondent did not object to the dismissal.

The Chief Special Master granted the motion, dismissing the petition with prejudice. The decision noted that the petitioner would not have been able to preponderantly establish entitlement to a damages award and that there was insufficient evidence to support the causation theory.

The clerk was ordered to enter judgment in accordance with the decision.