Reginald Grose v. HHS - Influenza, right shoulder tendinitis, bursitis, and brachial neuritis (2018)

Filed 2016-09-30Decided 2018-06-07Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Reginald Grose filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that the influenza vaccine he received on October 7, 2014, caused him to suffer right shoulder tendinitis, bursitis, and brachial neuritis. He also initially alleged a 2013 flu vaccine caused similar injuries but later amended his petition to focus solely on the 2014 vaccination.

The respondent contested entitlement, arguing that the petitioner had not provided sufficient evidence of vaccine causation and that his subsequent diagnosis of amyotrophic lateral sclerosis (ALS) was a more likely cause of his shoulder complaints. The court noted the petitioner's inability to obtain an expert report to support his claim and found that the medical records did not establish a clear causal link between the vaccine and the diagnosed injuries.

Furthermore, the records suggested that the onset of his shoulder pain may have predated the vaccination or occurred outside a medically acceptable timeframe for causation. The court also highlighted that the petitioner had a pre-existing shoulder injury in 2013, and the evidence did not sufficiently distinguish it from the alleged post-vaccination pain.

Given the lack of medical or scientific support, the absence of a timely onset, and the presence of alternative explanations like pre-existing conditions or ALS, the court dismissed the case for insufficient proof.

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