Patricia Crowding v. HHS - Influenza, left shoulder injury (2018)

Patricia Crowding filed a petition on July 25, 2016, alleging that an influenza vaccine administered on September 23, 2014, caused a left shoulder injury. She was a 53-year-old woman with a history of chronic lower back pain, hypertension, anxiety, asthma, hepatitis C, and gastric bypass.

Her primary care physician was Dr. Azad Khan.

Contemporaneous medical records from Dr. Khan's office on September 30, October 7, October 14, and October 21, 2014, did not mention any shoulder pain.

Dr. Khan's record from November 4, 2014, noted a complaint of right shoulder pain.

Petitioner presented to orthopedic surgeon Dr. James Carey on November 11, 2014, approximately six weeks after the vaccination, reporting left shoulder pain since receiving the flu vaccine.

Dr. Carey's notes indicated the pain was likely adhesive capsulitis and that an MRI showed minimal glenohumeral joint osteoarthritis.

Petitioner reported substantial relief after a corticosteroid injection. Dr.

Carey prescribed Percocet and at-home exercises. Petitioner returned to Dr.

Khan on November 18 and December 16, 2014, with records indicating follow-up for lower back pain and no new complaints. A record from December 30, 2014, noted a complaint of left shoulder pain and a referral to an orthopedic surgeon, though petitioner had already seen Dr.

Carey. Petitioner saw Dr.

Carey again on December 23, 2014, reporting improvement. Subsequent records from Dr.

Khan between February and November 2015, and a record from July 16, 2015, noted left shoulder pain and tenderness. Petitioner's counsel initially indicated that petitioner did not complain of shoulder pain to Dr.

Khan before November 4, 2014. However, petitioner later filed an affidavit stating she developed pain immediately following the vaccine and complained of it on multiple dates between September 30 and October 21, 2014, and that Dr.

Khan recommended ice/heat and said the pain would resolve. Petitioner also filed "updated" medical records from Dr.

Khan's practice, dated March 23, 2017, which claimed earlier onset and complaints of shoulder pain, including a note about receiving the flu shot in her right shoulder at CVS. During a deposition, Dr.

Khan's office manager testified that she, with a third-party typist, amended the records in early 2017 based on her memory and assumptions, without Dr. Khan's authorization, and signed his initials.

Dr. Khan testified he had no knowledge of the updated records and did not authorize the changes.

Special Master Thomas L. Gowen found the amended records not credible and afforded them little to no weight, finding they were not sufficiently clear, cogent, and compelling to outweigh the contemporaneous medical records.

The Special Master noted that SIRVA injuries were not listed on the Vaccine Injury Table at the time of filing, requiring proof of causation-in-fact. The public decision does not describe the specific medical theory presented by the petitioner or the respondent's expert opinions.

The case was ultimately dismissed on April 4, 2018, by Special Master Gowen for failure to prosecute and failure to comply with court orders, as the petitioner did not respond to an Order to Show Cause despite multiple warnings and extensions. Petitioner's counsel, Maximillian J.

Muller of Muller Brazil, LLP, and respondent's counsel, Ilene C. Albala from the United States Department of Justice, were involved.

No compensation was awarded.