Anthony Blei v. HHS - Influenza, left-sided shoulder injury related to vaccine administration (SIRVA) (2024)

Anthony Blei filed a petition alleging that the influenza vaccine he received on October 7, 2021, resulted in a left-sided shoulder injury related to vaccine administration (SIRVA). He claimed this was a Table injury lasting more than six months.

After the case was activated to the Special Processing Unit, the Chief Special Master issued an Order to Show Cause because Mr. Blei had not yet established the six-month severity requirement.

In response, Mr. Blei filed a motion to dismiss his petition, stating he no longer wished to pursue the case in the Vaccine Program and intended to pursue responsible third parties instead.

He acknowledged the six-month severity issue with his claim when looking solely at traditional SIRVA symptoms. The court noted that to receive compensation, a petitioner must prove a Table injury and that the residual effects lasted more than six months, or that the injury required hospitalization and surgical intervention.

The court found that the record did not disclose preponderant evidence that Mr. Blei suffered his alleged injury for at least six months, nor did it contain a medical expert's opinion or other persuasive evidence indicating the injury was vaccine-caused.

Therefore, Mr. Blei's motion was granted, his claim was denied, and the case was dismissed for insufficient proof.