Mary Radhakrishnan v. HHS - Influenza, shoulder injury related to vaccine administration (2017)
Case summary [AI summaries can sometimes make mistakes]
Mary Radhakrishnan filed a petition for compensation under the National Vaccine Injury Compensation Program on October 13, 2015, alleging that she suffered a shoulder injury causally connected to an influenza vaccination she received in her left arm on October 15, 2012. Petitioner claimed she experienced left shoulder pain within 24 hours of the vaccination and continued to suffer from this injury.
The case was assigned to the Special Processing Unit. Petitioner's counsel, Diana Sedar of Maglio, Christopher and Toale, PA, indicated that she would not proffer the opinion of a medical expert to support vaccine causation and elected not to pursue a formal causation hearing.
Respondent, the Secretary of Health and Human Services, represented by Linda Renzi of the U.S. Department of Justice, argued that the claim should be dismissed for insufficient proof.
Chief Special Master Nora Beth Dorsey issued the decision on the record. The public decision does not describe the specific onset of symptoms, diagnostic tests, or treatments sought for the alleged shoulder injury, other than noting that no diagnosis of SIRVA was made and no medication or treatment was prescribed.
The medical records indicated that prior to the October 15, 2012 vaccination, Ms. Radhakrishnan reported numbness and tingling on her left side, which she described as improved one month post-vaccination.
She did not report shoulder pain until August 24, 2015, over 34 months after the vaccination, at which time she also complained of dizziness and a headache that radiated to her shoulder. The Special Master noted that this complaint, occurring almost three years after the vaccination, lacked the basic criteria for a SIRVA claim and was insufficient to establish vaccine causation.
The decision found that petitioner failed to offer preponderant evidence to satisfy the three prongs of the Althen standard for off-Table claims, specifically a medical theory connecting the vaccine and injury, a logical sequence of cause and effect, and a proximate temporal relationship. The petition was dismissed for insufficient proof.
Theory of causation
Petitioner Mary Radhakrishnan, age 37, received an influenza vaccine on October 15, 2012, and alleged a left shoulder injury related to vaccine administration (SIRVA). The petition was filed on October 13, 2015. Petitioner did not proffer a medical expert opinion to establish causation and elected to proceed on the record. Medical records showed prior left-sided numbness and tingling that improved post-vaccination. Petitioner first reported left shoulder pain on August 24, 2015, over 34 months after vaccination, associating it with a headache. The Special Master found no evidence connecting the shoulder pain to the vaccination, noting the lack of a SIRVA diagnosis, prescribed treatment, or follow-up for shoulder pain. The petition was dismissed for insufficient proof, failing to satisfy the Althen prongs for off-Table claims, as there was no medical theory, logical sequence of cause and effect, or proximate temporal relationship established by preponderant evidence. The decision was issued by Chief Special Master Nora Beth Dorsey. Petitioner's counsel was Diana Sedar, and respondent's counsel was Linda Renzi. The outcome was dismissal.
Source PDFs
USCOURTS-cofc-1_15-vv-01179