Dave W. Highland v. HHS - Influenza, Parsonage-Turner Syndrome (“PTS”) (2018)

Dave W. Highland filed a petition alleging that an influenza vaccine administered on October 22, 2015, caused him to develop Parsonage-Turner Syndrome (PTS) in his right arm.

However, pre-vaccination medical records indicated that Mr. Highland experienced right-sided neck pain, pain shooting down his right arm, and numbness in his right hand starting on October 18, 2015, four days before the vaccination.

His treating neurologist, Dr. Lauren Middleton, suspected that shingles, not the vaccine, caused his PTS.

Furthermore, the medical records indicated the flu vaccine was administered in his left deltoid, not his right. Mr.

Highland moved for a ruling on the record, asserting his belief that the vaccine caused his PTS and that it was administered in his right arm, contrary to the medical notation. The court granted his motion and dismissed the case, finding no basis in the medical record to conclude that the flu vaccine caused his PTS, especially given the pre-existing symptoms and the treating neurologist's opinion pointing to shingles as the cause.

The court also noted the absence of a medical expert opinion supporting his claim.