Patrick McRae v. HHS - Influenza, right shoulder and arm pain and migraines (2020)

Patrick McRae filed a claim alleging he suffered right shoulder and arm pain and migraines following an influenza vaccine on February 2, 2019. The court initially found the submitted medical records inadequate and instructed Mr.

McRae to provide evidence of residual effects lasting more than six months. Despite being given multiple opportunities, Mr.

McRae submitted records only showing his condition for less than two months after vaccination. In a letter to the court, he stated his shoulder pain lasted "a little over just one month" and that his injury did not persist for the required duration.

The court noted that compensation under the Vaccine Act requires injuries to have residual effects lasting more than six months, result in death, or require hospitalization and surgical intervention. Since Mr.

McRae's claimed injury did not meet the statutory severity requirement and was not substantiated by medical records showing a prolonged duration, his petition was dismissed for failure to establish a prima facie case of entitlement.