Brian Reese v. HHS - Influenza, left-sided shoulder related to vaccine administration (2025)

Brian Reese filed a petition alleging he suffered a left-sided shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 31, 2020. The petition was filed on February 11, 2025.

After the case was activated to the Special Processing Unit, Respondent opposed compensation. The Court issued an Order to Show Cause due to Petitioner's failure to establish the six-month severity requirement for his alleged injury.

In response, Petitioner filed a Motion for a Decision Dismissing his Petition, acknowledging he could not prove entitlement to compensation and that proceeding further would be unreasonable. Petitioner understood that a dismissal would result in a judgment against him but reserved the right to reject the program's judgment and file a civil case.

The Court noted that to receive compensation, Petitioner must prove a Table injury or an off-Table injury caused by the vaccine, and that the injury must have residual effects for more than six months, result in death, or require hospitalization and surgery. The record lacked sufficient medical records or opinions to demonstrate Petitioner suffered from SIRVA.

Consequently, the Court granted Petitioner's motion, denied his claim, and dismissed the case for insufficient proof. Judgment was entered accordingly.