Troy Duval v. HHS - Influenza, shoulder injury (2019)

Troy Duval filed a petition alleging he developed a shoulder injury as a result of an influenza vaccine received on November 15, 2013. He claimed immediate pain after the injection, which he attributed to the vaccine.

Medical records show he sought treatment from an orthopedist less than a month after vaccination, receiving a cortisone injection and exercises. However, there was a significant gap of approximately two years in his medical records where he did not seek treatment or complain of shoulder pain, despite having regular visits with his primary care physician for other conditions.

Duval attributed this gap to insurance coverage issues and mounting medical bills. He eventually sought further treatment in 2016, over two years after the vaccination.

The court found that while Duval experienced immediate pain, he failed to provide preponderant evidence that his injury was continuous for at least six months post-vaccination, a requirement for compensation under the Vaccine Act. Therefore, the case was dismissed.