Kevin Lange v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Kevin Lange filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on November 2, 2020. He initially alleged the injury persisted for approximately three months, with his last medical treatment for the shoulder occurring on January 8, 2021.

The court required Mr. Lange to submit additional medical records to establish the severity requirement for a SIRVA claim, specifically that the injury persisted for more than six months or resulted in inpatient hospitalization and surgical intervention.

Mr. Lange indicated he was scheduled for a follow-up appointment in January 2022 to address the severity of his injury but ultimately did not submit any further records.

He then filed a motion for a decision dismissing his petition, stating that an investigation of the facts and science demonstrated he would be unable to prove entitlement to compensation. He also cited personal reasons for choosing not to pursue further evaluation or treatment.

The court granted his motion, dismissing the case for insufficient proof, as Mr. Lange failed to establish the necessary severity requirements for a SIRVA claim and admitted he could not prove entitlement.