Jonathan Dilger v. HHS - Influenza, left-sided shoulder injury related to vaccine administration (SIRVA) (2023)

Jonathan Dilger filed a petition alleging he sustained a left-sided shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 11, 2019. He later moved to dismiss his own petition, stating that his medical records did not show ongoing left shoulder symptoms and that to be eligible for compensation, an injury must persist for longer than six months.

He understood that dismissal would result in a judgment against him, which he intended to reject to preserve his right to file a civil action. The Chief Special Master granted the motion to dismiss, noting that a petitioner must demonstrate a Table Injury or that the vaccine actually caused the injury, and that claims cannot be based on the petitioner's statements alone but must be supported by medical records or opinions.

As the record did not indicate Mr. Dilger could satisfy these requirements, the case was dismissed for insufficient proof.