Malinda Powell v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Malinda Powell filed a petition alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 28, 2018. Her petition was filed on July 18, 2021.
The case was assigned to the Special Processing Unit. Respondent noted in October 2022 that Petitioner might be eligible for workers' compensation and requested those records, also noting potential factual and legal issues and outstanding medical records.
The court ordered Petitioner to provide additional evidence on causation and onset in December 2022, and Petitioner received multiple extensions. By May 2024, Petitioner's counsel reported being unable to contact his client since May 2023, with certified mail returned undeliverable.
Petitioner's counsel requested an Order to Show Cause. The court issued an Order to Show Cause on June 2, 2025, noting the lack of contact and outstanding issues.
Petitioner's counsel reported on July 17, 2025, that he still had no communication from Petitioner and had submitted the Order to Show Cause via email without response. The court found that Petitioner had not presented sufficient evidence to establish a Table Injury or that her alleged injury was vaccine-caused, as required by the Vaccine Act.
The petition was dismissed for insufficient proof on August 18, 2025.
Source PDFs
USCOURTS-cofc-1_21-vv-00715