Kevin Harris v. HHS - Influenza, left shoulder injury related to vaccination (SIRVA) (2023)

Filed 2020-01-08Decided 2023-01-03Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Kevin Harris filed a petition alleging a left shoulder injury related to vaccine administration (SIRVA) from a flu vaccine he received on September 11, 2018. The initial ruling in December 2021 determined that Mr.

Harris could not establish Table onset for his SIRVA claim because evidence showed he was experiencing shoulder pain approximately one month before the vaccination. This finding led to the dismissal of his Table claim.

The case was then transferred to afford Mr. Harris the opportunity to pursue an off-Table claim.

However, after the dismissal of his Table claim, Mr. Harris was unable to retain an expert to support his off-Table claim.

Consequently, he filed a motion to dismiss his petition, acknowledging that proceeding further would be unreasonable and would waste resources. In January 2023, the Special Master granted Mr.

Harris's motion, dismissing the petition and entering judgment accordingly.

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