Robert Raymond v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Robert Raymond filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 4, 2020. He initially filed his petition on February 8, 2021.

Mr. Raymond did not provide any medical records or supporting documentation with his initial filing.

The court ordered him to submit the necessary documents, including medical records, and granted him several extensions. However, Mr.

Raymond failed to submit any medical records to support his claim. On March 2, 2022, he filed a motion to dismiss his own petition, stating he was unable to secure the required evidence to prove entitlement to compensation.

The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, supported by medical records or a physician's opinion. Mr.

Raymond alleged a SIRVA Table Injury but did not provide sufficient documentation to establish he received a covered vaccine or met the severity requirements. He also admitted he could not establish entitlement.

Consequently, the court granted his motion, dismissing the case for insufficient proof.