Juan Ortiz v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2024)

Juan Ortiz filed a petition alleging he suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 19, 2018. He filed his petition with the Court of Federal Claims on January 11, 2021.

After reviewing the case, Mr. Ortiz moved for a decision dismissing his petition, acknowledging that he lacked sufficient evidence to prove entitlement to compensation.

He stated that an investigation of the facts and science supporting his case demonstrated he would be unable to prove entitlement. The court noted that to receive compensation, a petitioner must prove either a Table Injury or that a covered vaccine actually caused the injury.

The record did not disclose evidence of a Table Injury, nor did it demonstrate that the alleged injury was vaccine-caused, as it lacked persuasive medical expert opinion or other evidence. The court also noted that the record did not contain medical records or a medical opinion sufficient to demonstrate entitlement.

Consequently, the Chief Special Master denied Mr. Ortiz's claim and dismissed the case for insufficient proof, resulting in a judgment against him.