Jamar Simmons v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2021)

Jamar Simmons filed a petition on January 9, 2020, alleging that he suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on December 24, 2018. The petitioner was an adult at the time of vaccination.

After reviewing the case, the petitioner moved for a decision dismissing his petition on July 14, 2021. He stated that an investigation of the facts and science demonstrated he would be unable to prove entitlement to compensation under the National Vaccine Injury Compensation Program.

He understood that this dismissal would result in a judgment against him and that he would be electing to file a civil action rather than accepting the Vaccine Program judgment. The Special Master reviewed the record and found that the petitioner did not meet the statutory requirements for entitlement.

Accordingly, the case was dismissed, and judgment was entered against the petitioner.