Linda Joy Davis v. HHS - Pneumococcal, shoulder injury related to vaccine administration (SIRVA) (2020)

Linda Joy Davis filed a petition on September 11, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Prevnar-13 pneumococcal vaccination on September 22, 2016.

On August 31, 2020, Ms. Davis moved to dismiss her petition, stating she wished to focus on her lung cancer treatment and did not want to jeopardize her Medicaid status by pursuing a recovery related to her vaccine injury.

She understood that a dismissal would result in a judgment against her and end all her rights in the Vaccine Program. The respondent, the Secretary of Health and Human Services, reserved the right to question the good faith and reasonable basis of her claim and to oppose the application for costs, but otherwise did not oppose the motion.

Chief Special Master Brian H. Corcoran noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the vaccine actually caused the injury.

The record did not disclose a Table Injury, nor did it contain persuasive evidence, such as a medical expert's opinion or sufficient medical records, to demonstrate that the vaccine caused her alleged injury. Consequently, the petition was denied for insufficient proof, and the case was dismissed.

Judgment was entered against Ms. Davis.