Kelli Tenneson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
On December 20, 2016, Kelli Tenneson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination she received on October 6, 2015, caused a shoulder injury related to vaccine administration (SIRVA). Ms.
Tenneson, who was 58 years old at the time, stated that the day after her vaccination, she experienced severe pain in her left shoulder, which radiated down her arm. She attributed her delay in seeking medical treatment for several months to her reluctance to see doctors and her unfamiliarity with vaccine-related shoulder injuries.
She eventually sought treatment in March 2016, where she was diagnosed with adhesive capsulitis. The Secretary of Health and Human Services (respondent) argued that the claim should be denied because her symptoms did not manifest within the medically accepted timeframe of 48 hours.
The Chief Special Master, Nora Beth Dorsey, issued a ruling on entitlement on March 30, 2018, finding that Ms. Tenneson's testimony, supported by her medical records from subsequent treatment, established that her pain began within 48 hours of the vaccination.
The Chief Special Master noted that the delay in seeking treatment did not negate the credibility of her account and that her medical records corroborated her reported timeline. The case proceeded as an off-Table claim, requiring proof of causation-in-fact.
The Chief Special Master applied the Althen test, finding that a medical theory connected the vaccine to the injury, a logical sequence of cause and effect was established, and a proximate temporal relationship existed. The respondent filed a motion for review, challenging the Chief Special Master's factual finding regarding the onset date as arbitrary and capricious.
On March 18, 2019, Judge Elaine D. Kaplan of the U.S.
Court of Federal Claims denied the motion for review, upholding the Chief Special Master's decision. Judge Kaplan found that the Chief Special Master's determination was based on evidence in the record and reasonable inferences, and that the delay in seeking treatment did not render the petitioner's account not credible.
On November 19, 2018, following the entitlement ruling, Chief Special Master Dorsey issued a decision awarding Ms. Tenneson $88,017.82 in compensation.
This amount was comprised of $85,000.00 for past and future pain and suffering and $3,017.82 for unreimbursable expenses, paid as a lump sum.
Theory of causation
Kelli Tenneson, a 58-year-old female, received an influenza vaccination on October 6, 2015. She alleged that this vaccination caused a Shoulder Injury Related to Vaccine Administration (SIRVA). The public decision does not detail the specific medical theory or expert testimony presented to establish the mechanism of injury, but notes that SIRVA is thought to occur as a result of unintended injection of vaccine antigen or trauma into and around the shoulder's bursa, leading to inflammation. The Chief Special Master found that Ms. Tenneson's shoulder pain began within 48 hours of the vaccination, satisfying the proximate temporal relationship prong of the Althen test. The injury was diagnosed as adhesive capsulitis. The case was an off-Table claim, requiring proof of causation-in-fact. The Chief Special Master found that the petitioner established a logical sequence of cause and effect and that there was no evidence of unrelated factors causing the injury. The respondent argued against entitlement based on the delay in seeking treatment and alleged inconsistency with contemporaneous records, but this was rejected by both the Special Master and the Court of Federal Claims. Ms. Tenneson was awarded $88,017.82, consisting of $85,000.00 for pain and suffering and $3,017.82 for unreimbursable expenses, as a lump sum payment. Attorneys for petitioner were Ronald Craig Homer and Meredith Daniels (Conway Homer, P.C.), and for respondent was Daniel Anthony Principato (U.S. Department of Justice). The decision on entitlement was issued by Chief Special Master Nora Beth Dorsey on March 30, 2018, and the damages decision by Chief Special Master Dorsey on November 19, 2018. The Court of Federal Claims, Judge Elaine D. Kaplan, upheld the entitlement decision on March 18, 2019.