Sharon Beasley v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Sharon Beasley filed a petition alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 9, 2021. She claimed pain began at a low level upon vaccination and increased significantly within 48 hours.
The respondent is the Secretary of Health and Human Services. The court noted deficiencies in her claim, specifically insufficient evidence of immediate pain following the vaccine.
An order to show cause was issued, requiring Ms. Beasley to address these issues or explain why her claim should not be dismissed.
On October 18, 2024, Ms. Beasley moved to dismiss her own petition, acknowledging she could not prove entitlement to compensation.
She stated that proceeding further would be unreasonable and a waste of resources, and that she intended to reject the program judgment to file a civil action. The court found that the record lacked sufficient medical records or opinions to demonstrate a Table SIRVA or to prove causation-in-fact.
Consequently, her motion to dismiss was granted, her claim was denied, and the case was dismissed for insufficient proof. Judgment was entered accordingly.
Source PDFs
USCOURTS-cofc-1_23-vv-00861