Marvin Walker v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Marvin Walker filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2021. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on November 1, 2019.
The case was assigned to the Special Processing Unit. On August 23, 2024, Mr.
Walker moved to dismiss his petition, stating that he did not wish to pursue a non-Table claim and understood that a dismissal would result in a judgment against him, ending his rights in the Vaccine Program. The public decision does not describe the specific symptoms, medical tests, or treatments Mr.
Walker experienced. To receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by a covered vaccine.
The record did not disclose sufficient evidence that Mr. Walker suffered a "Table Injury." As Mr.
Walker elected not to pursue a causation-in-fact claim, his claim for compensation was denied. Chief Special Master Brian H.
Corcoran issued a decision dismissing the petition for insufficient proof. No compensation was awarded.
The attorneys involved were Jeffrey S. Pop for the Petitioner and Alexa Roggenkamp for the Respondent.
The decision was issued on August 28, 2024.
Source PDFs
USCOURTS-cofc-1_21-vv-00366