Francine Hargens v. HHS - Influenza, shoulder injury (2024)

Filed 2024-01-04Decided 2024-01-31Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Francine Hargens filed a petition for compensation on January 4, 2024, on her own behalf, alleging a shoulder injury resulting from an influenza vaccine administered on October 13, 2021. The petition claimed the injury was an "on-Table" condition, meaning it was listed in the Vaccine Injury Table.

The respondent was the Secretary of Health and Human Services. The public decision does not describe the specific onset of symptoms, clinical presentation, diagnostic tests, or treatments related to Ms.

Hargens' alleged injury. Ms.

Hargens did not file any supporting documentation with her initial petition. Following an order requiring the submission of evidence, she still did not provide any supporting documentation.

On January 3, 2024, Ms. Hargens filed a motion to dismiss her own petition, stating that an investigation into the facts and science supporting her case had demonstrated she would be unable to prove her entitlement to compensation under the National Vaccine Injury Compensation Program.

Chief Special Master Brian H. Corcoran noted that to receive compensation, a petitioner must prove either an "on-Table" injury or an "off-Table" injury proven to be caused by a vaccine.

Ms. Hargens alleged an "on-Table" claim.

However, due to her failure to file supporting documentation and her admission that she could not establish entitlement, Chief Special Master Corcoran found that Ms. Hargens failed to establish entitlement to compensation.

The case was dismissed for insufficient proof. The public decision does not name petitioner's counsel or respondent's counsel, nor does it mention any expert witnesses or provide a breakdown of any award amount, as the case was dismissed.

Theory of causation

Petitioner Francine Hargens filed a petition on January 4, 2024, alleging an "on-Table" shoulder injury from an influenza vaccine received on October 13, 2021. The respondent is the Secretary of Health and Human Services. The public text does not specify the mechanism of injury or name any medical experts. Petitioner failed to file any supporting documentation and subsequently filed a motion to dismiss her own petition, admitting she would be unable to prove entitlement to compensation. Chief Special Master Brian H. Corcoran dismissed the case for insufficient proof and failure to establish entitlement. The outcome was dismissal, with no award granted. The theory of causation, as alleged by the petitioner, was an "on-Table" injury, but this was not substantiated due to the lack of evidence and the petitioner's admission. Attorneys named in the public text are Jonathan J. Svitak for Petitioner and Heather L. Pearlman for Respondent. The decision date was January 31, 2024.

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