Merle Rodgers v. HHS - Influenza, left shoulder injury related to vaccine administration (2025)

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.