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

Filed 2021-08-26Decided 2021-09-20Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Kerri Peterson filed a petition for compensation under the National Vaccine Injury Compensation Program on August 26, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 28, 2020. Ms.

Peterson initially alleged a Table SIRVA injury but later filed a motion to dismiss her petition. She stated that after further investigation, she would be unable to prove entitlement to compensation.

The court noted that 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 competent physician's opinion. Ms.

Peterson failed to provide sufficient supporting documentation for her SIRVA claim, and she herself admitted she could not establish entitlement. Consequently, the court granted her motion, dismissing the case for insufficient proof.

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