Michael Kahn v. HHS - Influenza, left shoulder injuries (2021)

Michael Kahn filed a claim under the National Childhood Vaccine Injury Act alleging that he suffered left shoulder injuries as a result of receiving an influenza vaccination on October 4, 2016. His petition was filed on January 31, 2019.

The respondent filed a Rule 4 report recommending against compensation. On April 16, 2021, the Special Master found that there was not preponderant evidence to support Mr.

Kahn's allegation that he experienced onset of left shoulder pain within 48 hours of his vaccination. Subsequently, on July 21, 2021, Mr.

Kahn filed a motion to dismiss his own claim, stating that an investigation of the facts and science demonstrated he would be unable to prove entitlement to compensation. He understood that this dismissal would result in a judgment against him and end his rights in the Vaccine Program.

The Special Master granted Mr. Kahn's motion, finding that he had not suffered a Table injury of SIRVA and that his medical records did not otherwise support his allegation of a vaccine-caused injury by a preponderance of the evidence, as he did not file an expert medical opinion.

The petition was dismissed for failure to establish a prima facie case of entitlement to compensation.