Fazal Siddiqui v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

Fazal Siddiqui filed a petition alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 9, 2019. He claimed SIRVA as a defined Table injury lasting more than six months.

Respondent opposed compensation, arguing that the record showed prior left shoulder pain and dysfunction and that other conditions could explain his symptoms. On January 5, 2024, Mr.

Siddiqui moved to dismiss his petition, acknowledging he could not prove entitlement to compensation. He understood that dismissal would result in a judgment against him and intended to elect to file a civil action instead.

The court noted that to receive compensation, a petitioner must prove a Table injury or a vaccine-caused injury, and that the injury must have residual effects for more than six months, or result in death or require hospitalization and surgery. The court found that the record lacked sufficient medical records or opinions to demonstrate Mr.

Siddiqui suffered from SIRVA. Therefore, his motion to dismiss was granted, his claim was denied, and the case was dismissed for insufficient proof.