Cecil Terry v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Filed 2022-10-07Decided 2025-01-07Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Cecil Terry filed a petition alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 15, 2020. Respondent argued that the petitioner's pain was not limited to his shoulder and that other conditions could explain his symptoms, recommending denial of compensation.

The Special Master noted that the petitioner's symptoms spread to his chest and back, and he had been diagnosed with cervical conditions that might explain his shoulder pain, suggesting he could not establish a Table SIRVA claim. An Order to Show Cause was issued, giving the petitioner a final opportunity to present evidence, but he failed to respond by the deadline.

Consequently, the case was dismissed for failure to prosecute and insufficient proof, as the petitioner did not provide preponderant evidence of a Table SIRVA injury and did not respond to the court's order.

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