Kimberly Truett v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (“SIRVA”); Cervical Radiculopathy (2022)

On November 13, 2017, Kimberly Truett filed a petition seeking compensation under the National Childhood Vaccine Injury Act. Ms.

Truett, who was 52 years old, alleged that she suffered injuries, including shoulder pain and injury, as a result of an influenza vaccination she received on October 31, 2016. She claimed the injury was a Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed on the Vaccine Injury Table, and also alleged that the vaccination caused cervical radiculopathy.

The respondent, the Secretary of Health and Human Services, contended that Ms. Truett's condition was not a Table Injury and that the vaccination did not cause her injury in fact.

The Special Master, Daniel T. Horner, reviewed the medical records and expert opinions.

Ms. Truett's medical records indicated that she had a history of neck pain prior to vaccination but no prior shoulder pain.

Her symptoms of left arm pain began approximately one month after vaccination, with medical treatment sought about three months post-vaccination. Treating physicians, including an orthopedist (Dr.

Van Sice) and a neurologist (Dr. Zuniga-Barboni), ultimately diagnosed her condition as cervical radiculopathy.

Petitioner's experts, including orthopedist Clifford Colwell, Jr., M.D., and orthopedist Uma Srikumaran, M.D., argued that her condition was a vaccine-related shoulder injury that may have exacerbated a pre-existing cervical condition. Respondent's experts, including orthopedist Brian Feeley, M.D., and neurologist Brian Callaghan, M.D., argued that cervical radiculopathy was the primary cause of her symptoms and was not vaccine-related.

The Special Master found that the evidence preponderated in favor of cervical radiculopathy as the explanation for Ms. Truett's condition.

He concluded that Ms. Truett had not established either a Table SIRVA injury, due to the presence of cervical radiculopathy which explained her symptoms, or that the vaccination caused her condition in fact.

Therefore, Ms. Truett was not entitled to compensation, and her petition was denied.

The decision was issued on November 1, 2022.