Robert R. Jodoin v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SRIVA) (2023)

Filed 2019-10-24Decided 2023-02-13Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Robert R. Jodoin filed a petition alleging he sustained a Shoulder Injury Related to Vaccine Administration (SIRVA) from an influenza vaccine received on October 26, 2016.

The case was initially in a special processing unit due to the possibility of settlement. However, on December 19, 2022, the Table claim was dismissed because certain elements specific to a flu vaccine-SIRVA Table claim could not be preponderantly established.

The court allowed for the possibility of a causation-in-fact claim and transferred the case from the special processing unit. Subsequently, Mr.

Jodoin filed a motion to dismiss his claim. The court noted that while the rules for voluntary dismissal had passed, a petitioner could request dismissal.

The court found that Mr. Jodoin had not offered sufficient evidence to meet his burden of proof for a non-Table claim and, by moving for dismissal, indicated no intention to proceed.

Therefore, the court dismissed the case.

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