Scott Youngmark v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (2021)

Filed 2017-10-04Decided 2021-10-20Vaccine Influenza
entitlement_granted_pending_damages

Case summary [AI summaries can sometimes make mistakes]

On October 4, 2017, Scott Youngmark filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving an influenza vaccination in his left arm on March 29, 2017. Petitioner counsel was Joseph Michael Russel, and respondent counsel was Jennifer Leigh Reynaud.

Special Master Thomas L. Gowen presided over the case.

Petitioner alleged that within approximately six hours of the vaccination, he experienced severe pain, swelling, bruising, and a lack of mobility in his left arm and shoulder. Medical records documented significant bruising and swelling at the injection site, and he was diagnosed with adhesive capsulitis.

Youngmark consistently attributed his left shoulder pain to the flu vaccination. The respondent argued that prior shoulder issues, a carpal tunnel release surgery, and an altercation with a cellmate were alternative causes for the injury.

The respondent also contended that an MRI of the left shoulder, taken seven months after the vaccination, was consistent with degenerative joint disease and not a SIRVA injury. The Special Master reviewed the medical records, including pre- and post-vaccination notes, petitioner's affidavit, and the parties' arguments.

The Special Master found that while there was a history of right shoulder pain and some limited references to left shoulder discomfort over a year prior to the vaccination, the evidence demonstrated that any prior left shoulder pain had resolved well before the vaccination. The records showed that the petitioner experienced pain and limited range of motion in his left shoulder within 48 hours of the vaccination, consistent with SIRVA.

The Special Master determined that the carpal tunnel release surgery and the altercation with the cellmate did not explain the shoulder injury, and that the MRI findings of mild degenerative changes were not disqualifying, especially given the petitioner's age and the clear clinical presentation of SIRVA. The Special Master concluded that the evidence demonstrated Youngmark suffered a SIRVA injury, which is a Table injury, and that the flu vaccine was the cause.

Entitlement to compensation was granted, with a separate order to follow for damages. The decision was issued on October 20, 2021.

Theory of causation

Petitioner Scott Youngmark, age 49, received an influenza vaccination on March 29, 2017. He alleged a Shoulder Injury Related to Vaccine Administration (SIRVA), a "Table Injury." Petitioner experienced severe pain, swelling, and bruising in his left shoulder approximately six hours after vaccination, with limited mobility. Medical records documented ecchymosis and swelling at the injection site, and a diagnosis of adhesive capsulitis. The Special Master, Thomas L. Gowen, found by preponderant evidence that petitioner is entitled to compensation. The respondent argued that prior left shoulder pain, carpal tunnel surgery, and a cellmate altercation were alternative causes, and that an MRI showed degenerative joint disease. The Special Master found that prior left shoulder issues had resolved, the carpal tunnel surgery and altercation did not cause the shoulder injury, and mild degenerative findings on MRI were not disqualifying for a SIRVA claim. Petitioner counsel was Joseph Michael Russel, respondent counsel was Jennifer Leigh Reynaud. Decision date: October 20, 2021. Outcome: Entitlement granted, pending damages.

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