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

Marcie Bennett filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 18, 2019. After reviewing the facts and science, Ms.

Bennett filed a motion to dismiss her petition, stating she would be unable to prove entitlement to compensation. She understood that this would result in a judgment against her.

The court noted that to receive compensation, a petitioner must prove either a Table Injury or that a covered vaccine actually caused the injury, and that the petition must be supported by medical records or a medical opinion. The court found that the record did not contain sufficient medical evidence to demonstrate entitlement.

Therefore, the court denied Ms. Bennett's claim for compensation and dismissed the case for insufficient proof.