Rebecca Joan Miller v. HHS - Influenza, SIRVA in her left shoulder (2023)

Rebecca Joan Miller filed a claim alleging that she suffered Shoulder Injury Related to Vaccine Administration (SIRVA) in her left shoulder as a result of her October 19, 2019 influenza vaccination. Her claim was initially considered a Table Injury.

However, respondent filed a Rule 4(c) report recommending against compensation. A prior decision dismissed her Table claim, finding that the onset of her shoulder pain did not occur within the requisite forty-eight hours of vaccination.

The court then ordered petitioner to file an expert report to support a cause-in-fact claim. On June 23, 2023, petitioner filed a Motion for a Decision Dismissing her Petition, stating that she was unable to retain an expert to support her case after discussions with experts and review of the prior finding of fact regarding onset.

The court granted the motion and dismissed the petition for failure to establish a prima facie case of entitlement to compensation, as petitioner's medical records did not support her allegations by a preponderance of the evidence and she did not file a supporting medical opinion.