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

Erin Elliott 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 October 15, 2019. After filing, Ms.

Elliott conducted an investigation and determined she would be unable to prove entitlement to compensation. She subsequently filed a motion requesting the dismissal of her petition, acknowledging that proceeding further would be unreasonable and would waste the resources of the court, the respondent, and the Vaccine Program.

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

Consequently, the Chief Special Master denied Ms. Elliott's claim for compensation and dismissed the case for insufficient proof, resulting in a judgment against her.