Maryann Daugherty v. HHS - Influenza, right shoulder injury (2024)

Maryann Daugherty filed a petition on October 1, 2019, alleging a right shoulder injury from an influenza vaccine she received on October 6, 2016. The Chief Special Master previously found that the vaccine was administered in her left arm, which led to the dismissal of her Table claim for a right-sided SIRVA.

The petitioner was then given an opportunity to pursue an off-Table, causation-in-fact claim. However, she failed to provide sufficient evidence to establish that the vaccine caused her right shoulder injury.

Medical records did not contain specific assessments of the complaint, and an orthopedist found no structural abnormalities. A neurologist also found no evidence of brachial neuritis, axillary nerve injury, or complex regional pain syndrome.

Furthermore, no provider believed the vaccine caused the injury, and the petitioner did not request medical expert support. The case was also dismissed for failure to prosecute, as the petitioner did not respond to court orders or deadlines after the initial dismissal of her Table claim.

Therefore, the case was dismissed for insufficient evidence and failure to prosecute.