Ennis H. Pratcher v. HHS - Influenza, neck and shoulder pain (2020)

Ennis H. Pratcher filed a petition for compensation under the National Vaccine Injury Compensation Program on January 2, 2019, alleging he suffered neck and shoulder pain as a result of an influenza vaccination received on September 1, 2018.

Respondent noted that the basis for the claim was unclear and that no evidence supported either a Table or off-Table injury. During a status conference, it appeared the petitioner might be seeking compensation for a work-related injury from 1974.

Subsequently, the petitioner filed a motion to dismiss his own claim, stating he would be unable to prove entitlement to compensation. The Special Master noted that to receive compensation, a petitioner must prove either a Table injury or that the vaccine actually caused the injury, supported by medical records or expert opinion.

As there was insufficient evidence in the record to meet the burden of proof, and in accordance with the petitioner's motion, the case was dismissed for insufficient proof.