Yolanda Henderson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Yolanda Henderson filed a petition on February 3, 2021, alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine she received on November 11, 2020. She claimed the injury was a Table injury.
Petitioner was initially represented by counsel, but her attorney withdrew on October 5, 2021, citing an inability to obtain medical support for the case. Ms.
Henderson has proceeded pro se since March 28, 2022. The case was reassigned to Special Master Nora Beth Dorsey on May 13, 2022.
Following a status conference, Ms. Henderson was ordered to file medical records, including proof of vaccination and evidence that her alleged injury lasted longer than six months, by August 15, 2022.
She missed this deadline and was granted an extension to October 17, 2022. She missed the second deadline, and was granted a further 60-day extension, with a warning that no further extensions would be granted without good cause.
Ms. Henderson missed the third deadline on December 30, 2022.
On January 4, 2023, Special Master Dorsey issued an Order to Show Cause, warning that the case would be dismissed if she did not comply. Ms.
Henderson missed the fourth deadline on February 3, 2023, and failed to comply with the Order to Show Cause. The public decision does not describe the onset or specific symptoms of the alleged injury, nor does it name any medical experts.
The only medical record filed was from a chiropractor, Dr. Reed Woytek, dated December 24, 2020, which noted right shoulder pain and unspecified sprain, with a diagnosis of "some shoulder tendonitis." Dr.
Woytek's discharge note stated the condition had been resolved. Special Master Dorsey dismissed the case for failure to prosecute and insufficient proof.
The Special Master found that Ms. Henderson failed to provide any records demonstrating she received the flu vaccine or that her alleged injury lasted more than six months, and therefore had not proven entitlement to compensation under the National Vaccine Injury Program.
The case was dismissed by Special Master Nora Beth Dorsey on April 3, 2023.
Theory of causation
Petitioner Yolanda Henderson alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) from an influenza vaccine administered on November 11, 2020, claiming it was a Table injury. The case was dismissed by Special Master Nora Beth Dorsey on April 3, 2023, for failure to prosecute and insufficient proof. Petitioner failed to provide vaccination records or medical evidence demonstrating her alleged injury lasted more than six months, despite multiple orders and an Order to Show Cause. No medical experts were named in the public decision. The sole medical record filed was from a chiropractor, Dr. Reed Woytek, dated December 24, 2020, which indicated "some shoulder tendonitis" and "pain in right shoulder," but concluded the condition was resolved. Petitioner was represented by Yolanda Henderson, pro se, and respondent was represented by Heather Pearlman, U.S. Department of Justice. The decision cited Althen v. Sec’y of Health & Hum. Servs., 418 F.3d 1274 (Fed. Cir. 2005) regarding the burden of proof.
Source PDFs
USCOURTS-cofc-1_21-vv-00857