Paxton T. King v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

Paxton T. King alleged that an influenza vaccination he received on October 21, 2015, caused him to suffer a shoulder injury related to vaccine administration (SIRVA).

He filed his petition on October 11, 2018, initially without medical records. The Secretary of Health and Human Services opposed compensation, noting that Mr.

King did not report his shoulder pain until six weeks after vaccination and had pain/range of motion restrictions in both shoulders, and that the vaccination site was not documented. The parties agreed to proceed to expert reports, but Mr.

King was unable to secure an expert witness. Consequently, on July 17, 2020, Mr.

King moved to dismiss his petition, conceding that he would be unable to prove entitlement to compensation. The court granted the motion, finding that Mr.

King had not established that the influenza vaccine caused his shoulder pain, and dismissed the case for insufficient proof.