Francine Mack v. HHS - Influenza, shoulder injury, bursitis (2016)

Francine Mack filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered shoulder injuries, including bursitis, as a result of influenza vaccinations received on February 20, 2012, October 4, 2012, and December 5, 2013. She initially claimed the December 5, 2013 vaccination caused immediate left shoulder pain.

However, her petitions and affidavits contained inconsistencies regarding the dates of vaccinations and the onset of symptoms. The medical records showed a lack of clear attribution of her shoulder pain to the vaccinations, with treating physicians expressing uncertainty about the causal link.

Furthermore, the medical evidence did not consistently support the claimed onset times, and for the December 5, 2013 vaccination, the court found that while temporal association was established, the petitioner failed to meet the other prongs of the Althen test for off-Table claims, specifically a logical sequence of cause and effect and the requirement of residual effects lasting more than six months. The respondent argued that the petitioner had not produced sufficient evidence to support her claims.

Ultimately, the Chief Special Master determined that Francine Mack failed to establish entitlement to compensation due to insufficient proof and dismissed her case.