Kathleen Cromwell v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

Kathleen Cromwell filed a petition alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 4, 2019. SIRVA is a condition listed on the Vaccine Injury Table.

Her petition was filed on January 11, 2021. The respondent filed a report opposing compensation, disputing the severity and onset of the alleged injury.

Later, Ms. Cromwell moved to dismiss her own petition, acknowledging she could not prove entitlement to compensation.

She stated that proceeding further would be unreasonable and a waste of resources. Ms.

Cromwell understood that a dismissal would result in a judgment against her, ending her rights in the Vaccine Program, and she intended to elect to file a civil action instead. The court noted that to receive compensation, a petitioner must prove they received a covered vaccine and suffered either a Table injury or an injury actually caused by the vaccine, with residual effects lasting more than six months, death, or requiring hospitalization and surgery.

The petition must also be supported by medical records or a medical opinion. In this case, the record lacked sufficient medical evidence to demonstrate that Ms.

Cromwell suffered from SIRVA. Therefore, her motion to dismiss was granted, her claim was denied, and the case was dismissed for insufficient proof.

The Clerk was ordered to enter judgment accordingly.