Jacqueline Smith v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Jacqueline Smith filed a petition on August 12, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine she received on September 17, 2018. After investigating the facts and science supporting her case, Ms.

Smith concluded that she would be unable to prove her entitlement to compensation under the National Vaccine Injury Compensation Program. Consequently, she moved for a decision dismissing her petition.

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 contain sufficient evidence to establish a Table Injury, nor did it include a medical expert's opinion or other persuasive evidence indicating that the alleged injury was vaccine-caused.

The decision states that a petition must be supported by medical records or a medical opinion, neither of which was sufficient in this case. Therefore, the Chief Special Master denied Ms.

Smith's claim for compensation and dismissed the case for insufficient proof, entering judgment against her.