Julia Simpson v. HHS - Influenza, shoulder injury related to vaccine administration (2023)
Case summary [AI summaries can sometimes make mistakes]
Julia Simpson filed a claim alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following her October 8, 2018, influenza vaccination. She filed her petition with the Court of Federal Claims on September 17, 2019.
The respondent, the Secretary of Health and Human Services, filed a report recommending against compensation. On May 25, 2023, Ms.
Simpson filed a motion to dismiss her own petition, stating she was unable to secure evidence to prove entitlement to compensation. She indicated that proceeding further would be unreasonable and a waste of resources.
The respondent did not object to the motion. The Special Master granted the motion, dismissing the petition because Ms.
Simpson failed to establish a prima facie case of entitlement, as her medical records did not support her allegations by a preponderance of the evidence and she did not file an expert medical opinion. The case was dismissed on June 20, 2023.
Source PDFs
USCOURTS-cofc-1_19-vv-01424