Ginger Smith v. HHS - Influenza, osteoarthritis (2017)

Ginger Smith filed a petition alleging that an influenza vaccine administered on November 19, 2013, caused her osteoarthritis. Medical records indicated that Ms.

Smith had pre-existing osteoarthritis in her knees since 2008 and had experienced left shoulder pain, diagnosed as rotator cuff tendinitis and later osteoarthritis, prior to the vaccination. She did not complain of left arm pain for three months post-vaccination, and when she did, it was initially described as biceps pain, not shoulder pain.

Ms. Smith's treating physicians did not opine that the flu vaccine caused or aggravated her osteoarthritis.

One physician explicitly stated that the pain was not related to the vaccine. Ms.

Smith herself stated that her left arm osteoarthritis was related to prior diagnoses and a significant aggravation occurred when she assisted her mother. The court noted that if the vaccine had been administered improperly in the shoulder, she would have experienced immediate severe pain, which did not occur.

Ultimately, Ms. Smith concluded she could not prove entitlement and filed a motion to dismiss her petition.

The court granted the motion, dismissing the case. No award was made.