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

Peter Gabriel filed a petition alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on September 22, 2020. He contended that his injury lasted more than six months, a requirement for compensation under the National Vaccine Injury Compensation Program.

Respondent noted deficiencies in the medical records, specifically that they did not support a finding of residual effects lasting more than six months. The court directed Petitioner to provide additional evidence, but he subsequently moved to dismiss his own petition.

Gabriel acknowledged he could not provide the necessary evidence to prove the six-month severity requirement and stated he would be unable to prove entitlement to compensation. He understood that a dismissal would result in a judgment against him and intended to elect to file a civil action instead.

The court found that the record lacked sufficient evidence to demonstrate the alleged SIRVA injury persisted for more than six months. Consequently, the court denied Petitioner's claim for compensation and dismissed the case for insufficient proof.