Frederick Singer v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2021-01-11Decided 2021-08-18Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Frederick Singer filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 8, 2019. He did not provide detailed symptoms or medical treatment in his initial petition, only an affidavit.

The court ordered him to submit all statutorily required documents, including medical records, and granted him three extensions. However, Mr.

Singer failed to comply with the order. On July 16, 2021, he filed a motion to dismiss his petition, stating he could not demonstrate six months of sequelae.

To receive compensation, a petitioner must prove a Table Injury or that the vaccine caused the injury. For a Table Injury like SIRVA, proof of at least six months of effects or resulting hospitalization and surgery is required.

Mr. Singer admitted he could not prove the six-month requirement.

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

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