Michael Durbin v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Michael Durbin filed a petition on January 11, 2021, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 22, 2020.

Petitioner was represented by Jonathan J. Svitak of Shannon Law Group, P.C.

The respondent was the Secretary of Health and Human Services, represented by Heather L. Pearlman of the U.S.

Department of Justice. Initially, Mr.

Durbin's petition included an affidavit stating he expected his shoulder pain to continue for longer than six months. The court required additional documents, and Petitioner filed some medical records on May 7, 2021, and another set on October 17, 2022.

Before filing the current motion, Petitioner sought an extension to obtain more medical records. On April 12, 2023, Petitioner filed a motion for a decision to dismiss his own petition, stating that an investigation of the facts and science supporting his case had demonstrated he would be unable to prove entitlement to compensation.

Chief Special Master Brian H. Corcoran noted that to receive compensation, a petitioner must prove either a "Table Injury" or that a non-Table injury was actually caused by a listed vaccine.

Petitioner alleged a Table claim for SIRVA. The Special Master observed that compensation cannot be based solely on the petitioner's claims; it must be supported by medical records or a physician's opinion.

Furthermore, all petitioners must establish the severity requirement, meaning the injury persisted for more than six months, caused death, or resulted in inpatient hospitalization and surgical intervention. The Special Master found that none of the submitted medical records indicated the shoulder injury persisted for more than six months or required surgical intervention.

Additionally, the affidavit filed by Petitioner was submitted less than five months after the injury, thus not supporting the claim of the injury persisting for more than six months. As Petitioner failed to submit sufficient evidence to establish that his shoulder injury persisted for more than six months and admitted he could not establish entitlement to compensation, the case was dismissed for insufficient proof.

The decision was issued by Chief Special Master Brian H. Corcoran on April 24, 2023.