Robert R. Jodoin v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SRIVA) (2023)
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.
Source PDFs
USCOURTS-cofc-1_19-vv-01651