V.L. v. HHS - Influenza, right frozen shoulder (2018)
Case summary [AI summaries can sometimes make mistakes]
V.L., a 75-year-old female, filed a petition on April 19, 2015, alleging that an influenza vaccine administered on September 11, 2012, caused her a right frozen shoulder, brachial neuritis, and significant aggravation of pre-existing osteoarthritis. The petitioner's vaccination record, administered by pharmacist Hemal Modi at a CVS in Raleigh-Durham, NC, indicated the influenza vaccine was administered in her left arm.
The petitioner, her husband Patrick Laviolette, and a massage therapist, Stewart Walker, testified that the vaccine was administered in her right arm. The Special Master found the petitioner's testimony, and that of her husband and Mr.
Walker, to be not credible, noting numerous inconsistencies with contemporaneous medical records and her own prior statements. The Special Master also found that the petitioner's vaccination record, which stated the flu vaccine was administered in her left arm, was more credible than the petitioner's testimony.
The Special Master concluded that the petitioner failed to establish that the flu vaccine was administered in her right arm. Even if the vaccine had been administered in her right arm, the Special Master found that the petitioner failed to establish that the vaccine caused her right frozen shoulder, brachial neuritis, or significantly aggravated her osteoarthritis.
The Special Master noted that the petitioner had a long history of pre-existing conditions, including osteoarthritis in multiple joints, osteoporosis, hypothyroidism, and anxiety. Medical records showed that the petitioner had sought treatment for various ailments, including chest pain in May 2012, which was diagnosed as thoracic outlet syndrome likely due to repetitive injury from extensive guitar playing.
The Special Master found no credible evidence that the vaccine caused her condition or significantly aggravated her osteoarthritis. Furthermore, medical evaluations, including an EMG and nerve conduction study, showed no evidence of brachial neuritis.
The petition was denied by Special Master Laura D. Millman on April 19, 2018.
Theory of causation
Petitioner V.L. alleged that an influenza vaccine administered on September 11, 2012, caused her right frozen shoulder, brachial neuritis, and aggravation of pre-existing osteoarthritis. The petitioner claimed the vaccine was administered in her right arm, while the contemporaneous vaccine record indicated it was administered in her left arm. The Special Master found the petitioner's testimony regarding the vaccination site and the onset of symptoms to be not credible, citing numerous inconsistencies with medical records and prior statements. The Special Master credited the vaccine record over the petitioner's testimony and that of her husband and a massage therapist. The Special Master concluded that the petitioner failed to establish that the vaccine was administered in her right arm. Even assuming, arguendo, that the vaccine was administered in the right arm, the Special Master found no credible evidence or medical opinion to support causation for frozen shoulder, brachial neuritis, or significant aggravation of osteoarthritis. The Special Master noted the petitioner's extensive pre-existing conditions, including osteoarthritis, and found that falls and degenerative changes were more likely causes of her shoulder pain. The petition was denied by Special Master Laura D. Millman on April 19, 2018.
Source PDFs
USCOURTS-cofc-1_15-vv-00920