Mark West v. HHS - Influenza, shoulder injury related to vaccine administration (2024)

Mark West filed a petition on January 12, 2021, alleging that he received an influenza vaccine in November 2019 and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). On July 1, 2024, Mr.

West filed a motion to dismiss his own petition, stating he would be unable to prove his entitlement to compensation under the National Vaccine Injury Compensation Program. He acknowledged that a dismissal would result in a judgment against him and end all his rights in the program.

To receive compensation, a petitioner must prove either a "Table Injury" listed in the Vaccine Injury Table corresponding to a covered vaccine, or that the vaccine actually caused the injury. The Special Master noted that the record did not contain evidence of a Table Injury.

Furthermore, the record lacked a medical expert's opinion or other persuasive evidence indicating that the vaccine caused Mr. West's alleged injury.

The Special Master emphasized that compensation cannot be awarded based solely on a petitioner's claims; the petition must be supported by medical records or a medical opinion. As the record did not contain sufficient medical records or a medical opinion to demonstrate a vaccine-related injury, the Special Master denied the claim and dismissed the case for insufficient proof, ordering judgment against Mr.

West. The decision was issued by Chief Special Master Brian H.

Corcoran. Petitioner counsel was Jonathan Joseph Svitak of Shannon Law Group, P.C., and respondent counsel was Catherine Elizabeth Stolar of the U.S.

Department of Justice.