Ari Kline v. HHS - Influenza, left shoulder injury (2020)

Ari Kline filed a petition alleging a left shoulder injury after receiving an influenza vaccination on October 10, 2018. He later moved to dismiss his own petition.

Mr. Kline explained that to prove a SIRVA claim, he would need to demonstrate no prior history of shoulder pain or dysfunction.

However, he obtained medical records showing a previous injury to his left shoulder in April 2018, approximately six months before his vaccination. Given this prior injury, Mr.

Kline stated that proceeding would be unreasonable and a waste of resources. The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury.

The record did not disclose a Table Injury, nor did it contain sufficient evidence, such as a medical expert's opinion, to demonstrate that the vaccine caused his alleged injury. Consequently, the court denied Mr.

Kline's claim and dismissed the case for insufficient proof, entering judgment against him.