Kathleen Stryski v. HHS - Influenza, chronic pain and a Should Injury Related to Vaccine Administration (SIRVA) (2022)

Kathleen Stryski filed a petition on September 10, 2020, alleging that her seasonal influenza vaccine on October 18, 2018, caused chronic pain and Shoulder Injury Related to Vaccine Administration (SIRVA). She also alleged injury from a second vaccine, Pneumovax-23, given the same day, but this was not covered by the program.

The case was initially in a Special Processing Unit but was transferred due to complex factual issues. Respondent filed a report arguing against compensation, and after a status conference, Petitioner was ordered to support her claim.

The Chief Special Master dismissed the Table SIRVA claim and ordered Petitioner to file an amended petition for a non-Table claim. However, Petitioner subsequently filed a motion to dismiss her own case, stating she was unable to prove entitlement to compensation and that further proceedings would be unreasonable.

She understood this would result in a judgment against her and end her rights in the Vaccine Program, but wished to preserve her right to file a civil action. The court noted that a petitioner must support claims with medical records or a physician's opinion, and Petitioner had not offered expert support for her causation claim.

Therefore, the case was dismissed, and judgment was to be entered accordingly.