Troy J. Bodak v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Troy J. Bodak filed a petition alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 31, 2018.

The respondent challenged the claim, arguing that Mr. Bodak could not demonstrate a Table SIRVA within the required timeframe and that his pain extended beyond his shoulder.

In a prior decision, the Special Master found that Mr. Bodak failed to establish that his shoulder pain began within 48 hours of vaccination and that his pain was not limited to his left shoulder.

Despite being given opportunities to show cause why his claim should not be dismissed, Mr. Bodak repeatedly failed to comply with court orders, missing deadlines to submit an expert report and provide necessary information.

He also failed to respond to the court's orders. Consequently, the case was dismissed for failure to prosecute and failure to follow court orders.

No compensation was awarded.