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

Keith Rogers filed a petition for compensation under the National Vaccine Injury Compensation Program on April 27, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on January 12, 2019. Mr.

Rogers' petition did not detail his symptoms or medical treatment, only stating the vaccine was received at a Walgreens Pharmacy. His counsel indicated the petition was filed prematurely due to a potential Vaccine Table amendment.

The court ordered Mr. Rogers to provide supporting documentation, including an affidavit and medical records, but he failed to do so, even after receiving an extension.

On April 19, 2021, Mr. Rogers filed a motion to dismiss his own petition, stating he would be unable to prove entitlement to compensation.

To receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, supported by medical records or a physician's opinion. Mr.

Rogers did not submit any medical records and admitted he could not prove his claim. Therefore, the court granted his motion, dismissing the case for insufficient proof.