Debra Allen v. HHS - Influenza, adhesive capsulitis (2022)

Filed 2015-10-28Decided 2022-11-17Vaccine Influenza
compensated$95,000

Case summary [AI summaries can sometimes make mistakes]

Debra Allen, born December 5, 1954, filed a petition for compensation under the National Vaccine Injury Compensation Program on October 28, 2015. She alleged that an intradermal influenza vaccine administered on October 1, 2013, caused left shoulder inflammation, adhesive capsulitis, and a shoulder injury related to vaccine administration (SIRVA).

Petitioner's medical records indicated that she experienced severe pain, swelling, and limited range of motion in her left shoulder starting within days of the vaccination. Despite various treatments, including physical therapy and cortisone injections, her symptoms persisted, leading to a diagnosis of adhesive capsulitis and a rotator cuff tear.

She underwent shoulder surgery on January 7, 2014, which included manipulation under anesthesia with audible lysis of adhesions. Petitioner's experts, Dr.

Eric Gershwin (immunologist) and Dr. Steven Graboff (orthopedic surgeon), opined that the vaccine caused a local inflammatory response leading to adhesive capsulitis.

Respondent argued that the injury was due to underlying rotator cuff pathology and that the intradermal administration ruled out direct needle injury to the joint. Respondent's experts included Dr.

Harry Schroeder (immunologist) and Dr. Paul Cagle (orthopedic surgeon).

The Special Master, Thomas L. Gowen, found that petitioner proved by a preponderance of the evidence that the flu vaccination caused her adhesive capsulitis, satisfying the Althen prongs for causation.

Entitlement to compensation was granted, pending a damages award. The decision was issued on June 2, 2022.

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