Brenda White v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2021-06-09Decided 2021-07-08Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Brenda White filed a petition for compensation on June 9, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 6, 2019. The petition was filed under the National Vaccine Injury Compensation Program.

Ms. White later filed a motion to dismiss her own petition, stating she was unable to show the onset of SIRVA symptoms within the 48-hour timeframe required for a Table Injury.

The court noted that to receive compensation, a petitioner must prove a Table Injury or that the vaccine actually caused the injury. For a Table Injury, specific documentation is required, including proof of a covered vaccine, a covered injury, and specific effects or hospitalization.

Ms. White admitted she could not establish the required onset timeframe for her alleged SIRVA injury.

Consequently, the court granted her motion, finding insufficient proof of entitlement, and dismissed the case.

Source PDFs 2 total · 1 downloaded