Tommie Humbert, Jr. v. HHS - Influenza, left shoulder pain (2024)

On March 17, 2017, Tommie Humbert, Jr. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on November 21, 2014, caused a left shoulder injury. Petitioner, who was 49 years old at the time of vaccination, reported experiencing shooting pains around his left shoulder and down his forearm, along with mild numbness in his left index finger, starting about two days after the vaccination.

His primary care physician, Dr. Sherman G.

Ibarra, diagnosed him with left shoulder pain with radiation and left index finger neuralgia. Petitioner continued to experience shoulder pain, which he described as intense and stabbing, affecting his sleep and daily activities, including coaching youth basketball and competitive horse pulling.

He reported that the pain persisted for over six months, until at least August 2015. Petitioner presented evidence from treating physicians and multiple affidavits from friends and family attesting to the severity and duration of his pain.

Respondent argued that Petitioner's symptoms were more consistent with cervical radiculopathy, citing gaps in treatment and the lack of objective findings for a distinct shoulder pathology after the initial presentation. Respondent's experts, Dr.

Julie Bishop and Dr. Brian Callaghan, opined that Petitioner's symptoms were primarily due to cervical radiculopathy, a condition likely present before the vaccination and aggravated by a later work injury.

Special Master Nora Beth Dorsey, in a ruling on entitlement dated February 22, 2023, found that Petitioner proved by a preponderance of the evidence that he suffered from shoulder pain for more than six months following the vaccination and that the flu vaccine was a substantial factor in causing his injury. The Special Master determined that Petitioner's symptoms were distinct from those related to his later work injury and that the medical records and affidavits supported a finding of SIRVA.

In a subsequent decision dated March 20, 2024, Special Master Dorsey awarded Mr. Humbert $50,000.00 for actual pain and suffering.

The award acknowledged the duration and severity of his injury, noting it was less severe than in some other SIRVA cases and that his treatment course was less extensive than in comparable cases.