Shanna Salazar v. HHS - Influenza, right ulnar neuropathy (2021)

Filed 2015-07-31Decided 2021-02-01Vaccine Influenza
entitlement_granted_pending_damages

Case summary [AI summaries can sometimes make mistakes]

Shanna Salazar, an adult, received an influenza vaccine on October 2, 2014. She alleged that this vaccination caused right ulnar neuropathy and, due to overuse of her left arm, left ulnar neuropathy.

The court found that Salazar did suffer from right ulnar neuropathy, and that it was caused by the flu vaccination. This finding was based on the opinions of her treating physicians and expert reports, which established a sound medical theory and a logical sequence of cause and effect linking the vaccine to the injury.

The immediate onset of symptoms following vaccination also supported a proximate temporal relationship. However, the court denied compensation for the left arm injury, finding insufficient evidence to establish vaccine causation.

While Salazar reported left arm pain due to overuse, no physician opined that this overuse injury was vaccine-related, and the medical records did not support a causal link. The case proceeded as an off-Table claim, requiring proof of causation-in-fact under the Althen standard.

The court granted entitlement for the right ulnar neuropathy, and a separate order for damages will be issued. The claim for left ulnar neuropathy was denied.

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