Marilyn Lavender v. HHS - Influenza, left shoulder injuries (2021)

Marilyn Lavender filed a claim alleging that she suffered left shoulder injuries as a result of receiving an influenza vaccination on September 16, 2016. Her petition was filed with the Court of Federal Claims on December 14, 2018.

The respondent, the Secretary of Health and Human Services, filed a report recommending against compensation. The Special Master previously issued a finding of fact on January 25, 2021, concluding that Ms.

Lavender did not experience the onset of her alleged shoulder injury within 48 hours of her vaccination. Following this finding, Ms.

Lavender was directed to file a motion or status report indicating how she intended to proceed. On May 10, 2021, Ms.

Lavender filed a Motion for a Decision Dismissing her Petition, stating that in light of the Special Master's finding, she did not believe her claim could prevail. She understood that a dismissal would result in a judgment against her and end her rights in the Vaccine Program.

The Special Master granted Ms. Lavender's motion and dismissed the petition, finding that she failed to establish a prima facie case of entitlement to compensation because her injury was not a Table Injury and the evidence did not otherwise support her allegations by a preponderance of the evidence.

Judgment was entered dismissing the petition.