VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00558
Package ID: USCOURTS-cofc-1_21-vv-00558
Petitioner: Merle Rodgers
Filed: 2021-01-11
Decided: 2025-02-24
Vaccine: influenza
Vaccination date: 2019-11-30
Condition: left shoulder injury related to vaccine administration
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00558-0
Date issued/filed: 2025-02-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/08/2025) regarding 40 DECISION of Special Master Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00558-UNJ Document 42 Filed 02/24/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0558V
MERLE RODGERS, Chief Special Master Corcoran
Petitioner, Filed: January 8, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Rhonda Lorenz-Pignato, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1
On January 11, 2021, Merle Rodgers filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”).3 Petitioner alleged that he suffered a left shoulder injury related to vaccine
administration, a defined Table Injury, after receiving an influenza vaccine on November
30, 2019. Amended Petition at 1, ¶¶ 2, 6, 22. He further alleged that he “had no history of
pain, inflammation or dysfunction in his left shoulder” (id. at ¶ 3), and had “experienced
his symptoms within 48 hours after the vaccine administration” (id. at ¶ 24).4
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). This means the Decision will be available to anyone with access to the internet. In
accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other
information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I
agree that the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).
3 Approximately one year later, on January 3, 2022, he filed an amended petition. ECF No. 15.
4 To support these assertions, Mr. Rodgers cited only his declaration signed under penalty of perjury as
required pursuant to 28 U.S.C.A. § 1746. See Exhibit 5.

Case 1:21-vv-00558-UNJ Document 42 Filed 02/24/25 Page 2 of 2
Mr. Rodgers passed away on May 22, 2022. Exhibit 12 (death certificate). Since
that time, Petitioner’s counsel worked diligently to contact a family member who could
function as the proper petitioner to continue this claim. See, e.g., Status Report, filed May
7, 2024, ECF No. 34. Additionally, I have previously noted significant deficiencies which
would have needed to be addressed to avoid dismissal of the claim. See Order to Show
Cause, issued Aug. 6, 2024, ECF No. 37.
On September 11, 2024, Petitioner’s counsel filed a status report stating that she
managed to locate and correspond with Petitioner’s only surviving daughter, but that
neither she nor any of her father’s grandchildren wished to continue the claim. ECF No.
38. Accordingly, on January 6, 2025, Petitioner moved for a decision dismissing the
Petition. ECF No. 39.
To receive compensation under the Program, Petitioner must prove that she
received a vaccine covered by the Vaccine Program and then suffered either 1) a “Table
Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding to a covered
vaccine, or 2) an injury that was actually caused by a covered vaccine, a “non-Table
claim.” See Sections 13(a)(1)(A) and 11(c)(1). Under the Vaccine Act, a petitioner may
not be awarded compensation based on the petitioner’s claims alone. Rather, the petition
must be supported by either the medical records or by a medical opinion. Section 13(a)(1).
Due to the lack of a proper Petitioner who wishes to continue this vaccine claim,
as well as the deficiencies described in my August 28, 2024 Order, I find that a dismissal
decision is warranted in this case. The record does not contain medical records or a
medical opinion sufficient to demonstrate that Petitioner has satisfied the requirements of
a Table or causation-in-fact claim.
For these reasons, and in accordance with Section 12(d)(3)(A), Petitioner’s
motion is GRANTED. This case is DISMISSED for insufficient proof and failure to
prosecute. The Clerk shall enter judgment accordingly.5
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
5 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2