Henrietta LaRue v. HHS - Influenza, right shoulder injuries (2021)

Filed 2019-11-08Decided 2021-11-17Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Henrietta LaRue filed a claim alleging that she suffered right shoulder injuries after receiving an influenza vaccination on August 24, 2017. Her petition was filed on November 8, 2019.

The respondent, the Secretary of Health and Human Services, filed a Rule 4 report on July 7, 2021, recommending against compensation. After a status conference, Ms.

LaRue filed a Motion for a Decision Dismissing her Petition on October 11, 2021. She stated that she was unable to prove entitlement to compensation and agreed to not proceed further with her claim.

To receive compensation, a petitioner must prove either a Table Injury or that a covered vaccine actually caused the injury. This requires demonstrating a medical theory connecting the vaccination and injury, a logical sequence of cause and effect, and a proximate temporal relationship.

Ms. LaRue's medical records did not support her allegations by a preponderance of the evidence, and she did not file an expert medical opinion.

Consequently, the Special Master granted Ms. LaRue's motion and dismissed her petition for failure to establish a prima facie case of entitlement to compensation.

The case was dismissed on November 17, 2021.

Source PDFs 1 total · 1 downloaded