Robin Wabbe v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Robin Wabbe filed a petition alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 23, 2020. She contended that her SIRVA injury lasted for more than six months, a requirement for compensation under the Vaccine Act.

The court initially found that the current record did not contain sufficient evidence to meet this six-month severity requirement, noting that her injury appeared to resolve within a month and that subsequent shoulder pain was likely due to an intervening fall. The court issued an order directing Petitioner to show cause why her claim should not be dismissed.

On February 22, 2023, Petitioner moved for a decision dismissing her petition, acknowledging she would be unable to prove entitlement to compensation and that further proceedings would be unreasonable. She understood this dismissal would result in a judgment against her, and she intended to elect to file a civil action rather than accept the Vaccine Program judgment.

The court granted Petitioner's motion, denied her claim for compensation, and dismissed the case for insufficient proof.