Jermaine A. Hampton v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration; SIRVA; adhesive capsulitis (2022)
Case summary [AI summaries can sometimes make mistakes]
Jermaine Hampton filed a petition alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from his March 7, 2017 influenza vaccination. He initially complained of left arm pain and flu-like symptoms three days after the vaccination, and was later diagnosed with adhesive capsulitis in his left shoulder.
However, the medical records indicated that Mr. Hampton had a history of chronic left shoulder pain and adhesive capsulitis in the same shoulder two months prior to his vaccination, and none of his treating physicians attributed the pain to the vaccine.
The court noted that the Vaccine Injury Table requires no prior history of shoulder pain to qualify for SIRVA. Furthermore, Mr.
Hampton, who was incarcerated at the time of filing and later released, failed to prosecute his case. Despite multiple orders and opportunities to provide updated contact information and status reports, he repeatedly failed to respond or comply with court instructions.
Consequently, the case was dismissed both for insufficient proof of a Table SIRVA or vaccine-caused injury and for failure to prosecute. No compensation was awarded.
Source PDFs
USCOURTS-cofc-1_19-vv-01857