Barbara Wellen v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Barbara Wellen filed a petition alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 5, 2015. She presented medical records and an expert report.
Respondent recommended denial, citing Wellen's history of left shoulder pain, bursitis/tendonitis, osteoarthritis, and impingement syndrome, which predated the vaccination. The Special Master noted that Wellen had sought treatment for these conditions less than two months prior to vaccination.
While Wellen's counsel argued the vaccine aggravated her condition, leading to a rotator cuff tear requiring surgery, the Special Master found insufficient evidence to establish causation. The medical records indicated her injury was consistent with her long-standing shoulder conditions.
The Special Master indicated that Wellen would need to differentiate her pre- and post-vaccination symptoms, and that the evidence did not support the vaccine as the cause-in-fact of her SIRVA. Ultimately, Wellen filed a motion to dismiss her claim, requesting a decision denying compensation due to insufficient proof.
The case was dismissed for insufficient proof.
Source PDFs
USCOURTS-cofc-1_17-vv-00767