David Hopkins v. HHS - Influenza, shoulder injury (2025)

David Hopkins filed a petition alleging a shoulder injury resulting from an influenza vaccine received on October 25, 2019. The case was dismissed for failure to prosecute and insufficient proof.

Mr. Hopkins filed his petition on October 11, 2022, but throughout the proceedings, he repeatedly failed to meet court deadlines for submitting medical records and status reports.

Despite multiple orders to show cause and extensions, he did not provide adequate evidence to support his claim. The medical records indicated that Mr.

Hopkins presented with right shoulder pain on the day of vaccination, but the vaccine was administered in his left arm. The court found that he failed to establish the necessary elements for a Table SIRVA claim, specifically that the injury was confined to the shoulder of vaccination and that he had no prior history of shoulder pain.

Furthermore, he did not provide sufficient evidence to establish an off-Table causation-in-fact claim. The court noted that while it sympathized with Mr.

Hopkins' pain, the decision had to be based on evidence and law, leading to the dismissal of his case.