Carrie Gregory v. HHS - Influenza, left and right shoulder injuries (2019)
Case summary [AI summaries can sometimes make mistakes]
Carrie Gregory filed a petition on October 24, 2017, alleging that an influenza vaccine administered on October 26, 2014, in her left shoulder caused left and right shoulder injuries. The respondent was the Secretary of Health and Human Services.
The public decision does not describe the specific symptoms, onset, or medical records in detail. Gregory's petition alleged a left shoulder injury resembling SIRVA, which is a Table Injury, and that this injury led to overuse and injury of her right shoulder.
However, the medical records did not demonstrate that the left shoulder injury persisted for more than six months, a requirement for compensation under the Vaccine Act. Furthermore, the records did not establish a clear connection between the left shoulder injury and the alleged subsequent right shoulder injury.
Gregory did not provide expert medical opinion to support this link. On July 23, 2019, Gregory filed a motion to dismiss her petition, stating that an investigation of the facts and science showed she would be unable to prove her entitlement to compensation.
She acknowledged that a dismissal would result in a judgment against her and that she would end all rights in the Vaccine Program, but intended to protect her rights to file a civil action in the future by electing to reject the Vaccine Program judgment. Special Master Thomas L.
Gowen granted the motion, dismissing the case for insufficient proof. The public decision does not specify the attorneys involved beyond noting Paul R.
Brazil for the petitioner and Linda S. Renzi for the respondent.
Theory of causation
Petitioner Carrie Gregory alleged that an influenza vaccine administered on October 26, 2014, caused left and right shoulder injuries. The alleged injury was SIRVA (Shoulder Injury Related to Vaccine Administration), a Table Injury. However, the medical records did not show the injury persisted for more than six months. Petitioner also alleged a secondary injury to the right shoulder due to overuse from the left shoulder injury, but the medical records did not support a clear causal link, and no expert medical opinion was provided to establish this connection. Petitioner filed a motion to dismiss her petition on July 23, 2019, acknowledging insufficient proof of entitlement. Special Master Thomas L. Gowen granted the motion, dismissing the case for insufficient proof. The outcome was dismissal. The theory was based on a Table Injury, but failed due to lack of duration and lack of causation for the secondary injury. No specific experts were named in the public decision. Petitioner counsel was Paul R. Brazil, and respondent counsel was Linda S. Renzi.
Source PDFs
USCOURTS-cofc-1_17-vv-01599