{"package_id":"USCOURTS-cofc-1_17-vv-00360","decision_granule_id":"USCOURTS-cofc-1_17-vv-00360-1","petitioner_identifier":"Tommie Humbert, Jr.","is_minor":0,"age_at_vaccination":49.0,"age_unit_raw":"years","vaccine_type":"influenza","vaccination_date":"2014-11-21","condition_raw":"left shoulder pain","condition_category":"SIRVA","autism_spectrum_adjacent":0,"outcome":"compensated","award_amount_usd":50000,"decision_date":"2024-04-15","extraction_version":"gemini-v2","extracted_at":"2026-04-30T00:48:50.586605+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":2,"theory_of_causation":"Petitioner Tommie Humbert, Jr., a 49-year-old adult, received an influenza vaccine on November 21, 2014. He alleged a left shoulder injury, specifically Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of the vaccination. Petitioner's theory of causation, supported by his expert Dr. Benjamin Busfield, posited that inadvertent injection of the vaccine into the subdeltoid bursa or shoulder joint caused mechanical trauma and/or an immune response, leading to inflammation, pain, and dysfunction. This theory aligns with medical literature and Respondent's own recognition of SIRVA as a vaccine-related injury. Petitioner presented evidence of pain onset within two days of vaccination, continuing for over six months until August 2015, satisfying the duration requirement. Medical records from Dr. Ibarra documented left shoulder pain and neuralgia, and numerous affidavits corroborated the severity and impact of the pain on Petitioner's life. Respondent's experts, Dr. Julie Bishop and Dr. Brian Callaghan, argued that Petitioner's symptoms were more consistent with cervical radiculopathy, a condition they believed was the underlying cause and was not vaccine-related. They pointed to the similarity of symptoms before and after a work injury in 2016 and the lack of objective shoulder findings after the initial presentation. Special Master Nora Beth Dorsey found Petitioner proved by a preponderance of the evidence that the flu vaccine caused his left shoulder injury, rejecting Respondent's arguments regarding alternative causation and the distinction between Petitioner's symptoms before and after the work injury. The Special Master found the medical records and affidavits established a logical sequence of cause and effect and a proximate temporal relationship. Petitioner was awarded $50,000.00 for pain and suffering. Attorneys for Petitioner were Joseph Alexander Vuckovich and Maglio Christopher and Toale. Attorney for Respondent was Debra A. Filteau Begley. Special Master was Nora Beth Dorsey. Decision dates were February 22, 2023 (entitlement) and April 15, 2024 (damages).","is_death":0,"date_of_death":null,"petition_filed_date":"2017-03-17","case_summary":"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 April 15, 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.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Nora Beth Dorsey","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Joseph Alexander Vuckovich","petitioner_attorney_firm":"Maglio Christopher and Toale","petitioner_attorney_location":"Washington, DC","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|joseph-vuckovich|","firm_canonical_key":"maglio-christopher-and-toale","package_title":"HUMBERT v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00360","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00360.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00360.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_17-vv-00360-0","title":"HUMBERT v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC ORDER/RULING (Originally filed: 2/22/2023) regarding 120 Ruling on Entitlement, Order on Motion for Ruling on the Record. Signed by Special Master Nora Beth Dorsey. 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(kis) Service on parties made.","date_issued":"2024-04-15","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_17-vv-00360/granules/USCOURTS-cofc-1_17-vv-00360-1/pdf","pdf_bytes":347283,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_17-vv-00360/USCOURTS-cofc-1_17-vv-00360-1"},{"granule_id":"USCOURTS-cofc-1_17-vv-00360-2","title":"HUMBERT v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 4/22/2025) regarding 151 DECISION of Special Master - Fees. Signed by Special Master Nora Beth Dorsey. (aevw) Service on parties made.","date_issued":"2025-05-28","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"}]}