Duane Morgan v. HHS - Influenza, brachial neuritis and adhesive capsulitis (2023)

On February 26, 2016, Duane Morgan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an intradermal influenza vaccine administered on October 22, 2014, caused him to suffer from brachial neuritis and adhesive capsulitis. Mr.

Morgan, who was 60 years old at the time of vaccination, reported experiencing pain, redness, and swelling at the injection site within days of the vaccination, which progressed to severe pain, weakness, and numbness in his left arm and hand. His treating physicians, including orthopedist Dr.

Russell Huffman and neurologist Dr. Eric Zager, diagnosed him with brachial neuritis (also known as Parsonage-Turner Syndrome) and adhesive capsulitis, finding a causal relationship to the vaccine.

Petitioner's experts, Dr. Huffman, Dr.

Vera Byers (immunologist), and Dr. Maria Fangchun Chen (neurologist), presented medical theories explaining how the intradermal vaccine could trigger an inflammatory response leading to nerve damage and subsequent adhesive capsulitis.

They argued that the intradermal administration, due to the skin's rich immune cell network, could induce a heightened inflammatory cascade, potentially leading to vasculitis and nerve damage. Respondent, represented by Ryan D.

Pyles of the U.S. Department of Justice, argued that Mr.

Morgan's condition was more likely caused by his long-standing diabetes, presenting expert opinions from neurologist Dr. Brian Callaghan and immunologist Dr.

S. Mark Tompkins.

Respondent's experts suggested that Mr. Morgan suffered from diabetic cervical radiculoplexopathy and that his adhesive capsulitis was also likely diabetes-related.

They contended that the evidence for diabetes as the cause outweighed the evidence for vaccination. The Special Master, Thomas L.

Gowen, reviewed the extensive medical records and expert reports. He found that Mr.

Morgan's medical records and expert testimony established a logical sequence of cause and effect, a sound medical theory, and a proximate temporal relationship between the vaccine and his injury, satisfying the Althen criteria for off-Table injuries. The Special Master concluded that Mr.

Morgan's symptoms and clinical course were more consistent with vaccine-induced brachial neuritis and adhesive capsulitis than with diabetic neuropathy. Therefore, the Special Master ruled that Duane Morgan was entitled to compensation, with a separate order to be issued for damages.