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

Brad Pappalardo filed a petition alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on September 23, 2019. He filed his petition on January 12, 2021.

After filing medical records and a statement of completion, the case underwent Pre-Assignment Review. A scheduling order noted missing requirements, including sufficient medical records to establish the severity requirement.

The severity requirement mandates evidence that the injury persisted for more than six months, caused death, or resulted in inpatient hospitalization and surgical intervention. Mr.

Pappalardo did not submit additional medical records. On June 26, 2023, he filed a motion to dismiss the petition, admitting he would be unable to prove entitlement to compensation.

The court found that the petitioner failed to establish entitlement to compensation because he did not submit records to support the severity requirement and admitted he could not prove entitlement. Therefore, the case was dismissed for insufficient proof.