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

Sandra Eskenazi filed a petition alleging that the influenza vaccine she received on October 10, 2020, resulted in a left-sided shoulder injury related to vaccine administration (SIRVA), a Table injury. Following the respondent's assessment and a review of the record, the Special Master issued an Order to Show Cause for Petitioner's failure to establish the six-month severity requirement.

In response, Petitioner filed a Motion for a Decision Dismissing her Petition, stating that an investigation of the facts and science demonstrated she would be unable to prove entitlement to compensation. The decision noted that to receive compensation, Petitioner must prove either a Table Injury or that her injury was actually caused by the vaccine.

The record did not disclose preponderant evidence of a Table Injury or that the injury was vaccine-caused, nor did it contain a medical expert's opinion. Consequently, the Special Master denied Petitioner's claim for compensation and dismissed the case for insufficient proof.