Ryan M. Schmidt v. HHS - Influenza, bursitis with left shoulder impingement, frayed and torn labrum, inflamed bursa, rotator cuff inflammation, extensive changes in the supraspinatus, and infraspinatus tear (2022)

Ryan M. Schmidt filed a petition alleging that he suffered shoulder injuries, including bursitis, rotator cuff inflammation, and tears, as a result of an influenza vaccine received on October 18, 2016.

The primary dispute in this case was whether the vaccine was administered in his left arm, as alleged, or his right arm, as indicated by contemporaneous medical records. The medical records from the vaccination site consistently indicated the injection was given in the right deltoid.

Petitioner, however, maintained he received the vaccine in his left arm, citing his right-hand dominance and a general preference for injections in his non-dominant arm. He presented an affidavit from his treating orthopedic surgeon, Dr.

David Bruce, who opined that the vaccine was administered in the left arm and caused his injuries. Respondent presented an expert report from Dr.

Geoffrey Abrams, an orthopedic surgeon, who concluded that the evidence did not support the claim that the vaccine was administered in the left shoulder. After reviewing the evidence, the Special Master found the contemporaneous medical records indicating the vaccine was administered in the right arm to be more persuasive than Petitioner's testimony and Dr.

Bruce's opinion. The court noted inconsistencies in Petitioner's account of his symptoms and work limitations.

Ultimately, the court found that Petitioner had not presented sufficient evidence to conclude the vaccine was administered in his left arm. Subsequently, Petitioner filed a joint stipulation to voluntarily dismiss the claim, and the case was dismissed without prejudice.