Peter Presson v. HHS - Hepatitis B, left shoulder injury related to vaccine administration (SIRVA) (2024)

Peter Presson filed a petition alleging that he received a Hepatitis B vaccine on October 2, 2020, and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA), which he believed to be a Table injury. The case was filed on April 30, 2021.

On March 31, 2017, Mr. Presson moved to dismiss his own petition, acknowledging insufficient evidence to demonstrate entitlement to compensation.

He stated that an investigation showed he would be unable to prove entitlement and understood that a dismissal would result in a judgment against him, ending his rights in the Vaccine Program. The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury.

The record did not disclose evidence of a Table Injury, nor did it demonstrate that the alleged injury had residual effects for more than six months or provide a medical expert's opinion indicating vaccine causation. The court found the petition unsupported by sufficient medical records or opinions.

Consequently, the court dismissed the petition for insufficient proof and entered judgment against the petitioner.