Claudia Marquez v. HHS - Influenza, right Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Claudia Marquez filed a petition alleging she suffered a right Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccination on November 14, 2017. The petition was filed on November 26, 2019.

However, the evidence presented did not demonstrate that her injury was sufficiently severe, specifically failing to show residual effects lasting more than six months after vaccination. Additionally, the claim did not meet the criteria for a Table Injury.

Consequently, Ms. Marquez filed a motion to dismiss her own petition, acknowledging that she would be unable to prove entitlement to compensation.

She understood that this dismissal would end her rights within the Vaccine Program but intended to preserve her right to file a civil action. The Special Master granted her motion, dismissing the case for insufficient proof of severity and the alleged Table Injury.

The Clerk of the Court was ordered to enter judgment accordingly.