Jude Gaydos v. HHS - Influenza, left-sided shoulder injury related to vaccine administration (SIRVA) (2025)

Jude Gaydos filed a petition alleging that an influenza vaccine received on November 22, 2017, caused a left-sided shoulder injury related to vaccine administration (SIRVA). The case was initially assigned to a special processing unit.

Respondent filed a report recommending denial of entitlement. The court later issued a decision dismissing the SIRVA Table claim and transferred the case to the non-SPU docket to allow Petitioner to pursue an off-Table SIRVA claim.

Petitioner was ordered to file an expert report by January 17, 2025, a deadline that was extended. Subsequently, Petitioner filed a status report requesting dismissal of the claim.

Petitioner stated that, based on the prior findings of fact, he could not meet an essential element of his SIRVA claim and sought dismissal to evaluate an appeal or pursue a civil action. The court found this request appropriate and dismissed the petition with prejudice.

The decision noted that to be entitled to compensation, a petitioner must demonstrate a Table Injury or that the vaccine actually caused the injury. Since Petitioner affirmatively represented he could not meet the evidentiary standards and did not offer a required expert report, the petition was dismissed.