Paula Roberts v. HHS - Influenza, chronic left shoulder pain (2019)

Paula Roberts filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered chronic left shoulder pain as a result of an influenza vaccine administered in 2013. She later filed a motion to dismiss her own petition, stating that after reviewing additional medical records, it was determined she did not report symptoms of a shoulder injury related to vaccine administration (SIRVA) within 48 hours of her vaccination.

Roberts acknowledged that she would be unable to prove entitlement to compensation and that proceeding further would be unreasonable. The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the injury was actually caused by a vaccine.

The record did not disclose evidence of a Table Injury, nor did it contain a medical expert's opinion or other persuasive evidence indicating the alleged injury was vaccine-caused. Consequently, the court denied Roberts' claim and dismissed the case for insufficient proof, entering judgment against her.