Dallas Chapman v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Dallas Chapman filed a petition on October 13, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 5, 2018.

The respondent filed a report on January 3, 2022, opposing compensation. The respondent asserted that the petitioner could not prove, by a preponderance of the evidence, that her shoulder pain began within 48 hours of the November 5, 2018, flu vaccination.

Due to insufficient evidence supporting the petitioner's claims, Chief Special Master Brian H. Corcoran issued an Order to Show Cause on November 22, 2022.

In response, the petitioner filed a motion to dismiss her own petition, stating that an investigation of the facts and science demonstrated she would be unable to prove her entitlement to compensation. The petitioner acknowledged that a dismissal would result in a judgment against her, ending all her rights in the Vaccine Program.

The Special Master noted that to receive compensation, the petitioner must prove either a "Table Injury" or that her injury was actually caused by a vaccine. The record did not disclose evidence of a Table Injury, nor did it contain a medical expert's opinion or other persuasive evidence indicating the alleged injury was vaccine-caused.

The Special Master found that the petition was not supported by medical records or a medical opinion sufficient to demonstrate a vaccine injury. Consequently, the case was dismissed for insufficient proof, and judgment was entered against the petitioner.

The Clerk of Court was directed to enter judgment in accordance with this decision, unless a motion for review was filed.