Merle Rodgers v. HHS - Influenza, left shoulder injury related to vaccine administration (2025)
Case summary [AI summaries can sometimes make mistakes]
Merle Rodgers filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021. He alleged that he suffered a left shoulder injury related to vaccine administration, a condition listed in the Vaccine Injury Table, after receiving an influenza vaccine on November 30, 2019.
Mr. Rodgers stated he had no prior history of shoulder issues and experienced symptoms within 48 hours of vaccination.
He filed an amended petition on January 3, 2022. Mr.
Rodgers passed away on May 22, 2022. His counsel made efforts to find a family member willing to continue the claim.
On September 11, 2024, counsel reported that Mr. Rodgers' daughter and grandchildren did not wish to continue the claim.
Consequently, on January 6, 2025, Mr. Rodgers' counsel moved for a dismissal of the petition.
Chief Special Master Brian H. Corcoran noted that to receive compensation, a petitioner must prove a Table Injury or a vaccine-caused injury, supported by medical records or a medical opinion.
Due to the lack of a proper petitioner willing to continue the claim and insufficient evidence to demonstrate a Table or causation-in-fact claim, the Chief Special Master granted the petitioner's motion to dismiss. The case was dismissed for insufficient proof and failure to prosecute.
The Clerk was ordered to enter judgment accordingly.
Theory of causation
Petitioner Merle Rodgers alleged a left shoulder injury related to vaccine administration (SIRVA), a Table Injury, after receiving an influenza vaccine on November 30, 2019. Petitioner claimed no prior shoulder issues and symptom onset within 48 hours. Petitioner passed away on May 22, 2022, and his counsel was unable to find a family member willing to continue the claim. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed medical evidence presented. Chief Special Master Brian H. Corcoran dismissed the case for insufficient proof and failure to prosecute, noting the lack of a proper petitioner and the absence of medical records or opinions sufficient to demonstrate a Table or causation-in-fact claim. The case was dismissed on February 24, 2025, with Petitioner's counsel being Rhonda Lorenz-Pignato and Respondent's counsel being Ryan Pohlman Miller.
Source PDFs
USCOURTS-cofc-1_21-vv-00558