Susan Tehennepe v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Filed 2019-01-04Decided 2021-05-10Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Susan Tehennepe filed a petition for compensation under the National Vaccine Injury Compensation Program on January 4, 2019, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine received on October 11, 2017. The core dispute centered on the timing of her injury's onset, specifically whether it preceded the vaccination.

The Special Master conducted a fact hearing and reviewed extensive medical and massage therapy records, some of which contained suspicious alterations. Ultimately, the Special Master found that Petitioner's left arm pain predated the vaccination, based on the original, unaltered massage therapy records and testimony.

Due to the finding that the injury predated the vaccination, the Special Master determined that Petitioner could not prove entitlement to compensation under the Vaccine Act. Consequently, the Special Master granted Petitioner's motion to dismiss her petition.

Judgment was entered accordingly.

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