Griselda Ruiz v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Griselda Ruiz filed a petition on February 25, 2021, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on November 20, 2017. The injury was alleged to meet the Table definition for SIRVA.

Ms. Ruiz later filed a motion to dismiss her own petition, acknowledging that she had been unsuccessful in obtaining sufficient evidence to demonstrate entitlement to compensation.

She understood that a dismissal would result in a judgment against her and end all her rights in the Vaccine Program. The court noted that to receive compensation, a petitioner must prove they received a covered vaccine and suffered either a Table injury or an injury caused by the vaccine.

The record lacked sufficient evidence of an appropriate temporal relationship between the vaccination and the onset of her shoulder condition, and did not contain medical records or opinions to support timely onset. Consequently, the Chief Special Master denied Ms.

Ruiz's claim and dismissed the case for insufficient proof, entering judgment accordingly.