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 October 1, 2024, following the original filing date of August 28, 2024.
Theory of causation
Petitioner Marvin Walker filed a petition on January 8, 2021, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 1, 2019. The claim was initially considered a Table claim. However, the record did not disclose sufficient evidence to establish a Table Injury. Petitioner elected not to pursue a non-Table claim, which would require proving causation-in-fact. On August 23, 2024, Petitioner moved to dismiss his petition, acknowledging that this would result in a judgment against him and end his rights in the Vaccine Program. Chief Special Master Brian H. Corcoran dismissed the petition for insufficient proof on August 28, 2024, with the final decision issued October 1, 2024. No award was made. Petitioner's counsel was Jeffrey S. Pop, and Respondent's counsel was Alexa Roggenkamp.
Source PDFs
USCOURTS-cofc-1_21-vv-00366