Kathleen E. Pachasa v. HHS - Pneumococcal, shoulder injury related to vaccine administration (SIRVA) (2019)

Filed 2019-04-15Decided 2019-05-31Vaccine Pneumococcal
dismissed

Case summary [AI summaries can sometimes make mistakes]

On April 15, 2019, Kathleen E. Pachasa filed a petition for compensation under the National Vaccine Injury Compensation Program.

She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a pneumococcal conjugate vaccination (Prevnar-13) received on May 13, 2016. Following a status conference held on May 17, 2019, Ms.

Pachasa filed a motion to dismiss her own claim on May 29, 2019. In her motion, she stated that an investigation into the facts and science supporting her case demonstrated she would be unable to prove entitlement to compensation.

The Special Master noted that to receive compensation under the program, a petitioner must prove either a "Table Injury" listed in the Vaccine Injury Table corresponding to a vaccination, or that the vaccine actually caused the injury. Furthermore, the petition must be supported by medical records or the opinion of a competent medical expert.

As there was insufficient evidence in the record for Ms. Pachasa to meet her burden of proof, and in accordance with her motion, the case was dismissed for insufficient proof by Special Master Katherine E.

Oler on May 31, 2019. The Clerk was ordered to enter judgment accordingly.

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