Christie Kirby v. HHS - Influenza, right radial nerve injury (2020)

Christie Kirby filed a petition alleging that an influenza vaccine she received on October 8, 2013, caused her pain in her right arm. Initially, she alleged a general injury, but later amended her petition to allege a Table shoulder injury related to vaccine administration (SIRVA).

The case proceeded as an off-Table claim for a right radial nerve injury. Petitioner's expert, Dr.

Marcel Kinsbourne, opined that a misplaced vaccination needle caused direct nerve trauma. Respondent's expert, Dr.

Peter Donofrio, initially disagreed but later conceded that radial neuritis or neuropathy was a consideration. The Special Master found that petitioner suffered a right radial nerve injury caused-in-fact by the vaccination, based on immediate onset of pain and symptoms consistent with radial neuritis.

However, the Court of Federal Claims reviewed the Special Master's decision and reversed the ruling on entitlement. The court found that the Special Master's determination that petitioner satisfied the six-month severity requirement was arbitrary and capricious, as the medical records and testimony did not sufficiently corroborate her claim of continuous symptoms for that period.

Consequently, the petition was dismissed.