Kimberly Truett v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (“SIRVA”); Cervical Radiculopathy (2022)
Case summary [AI summaries can sometimes make mistakes]
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 December 1, 2022.
Theory of causation
Petitioner Kimberly Truett, age 52, received an influenza vaccine on October 31, 2016. She alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) and cervical radiculopathy caused by the vaccine. The Special Master found that while the timing of onset was consistent with a Table SIRVA, the presence of cervical radiculopathy, supported by treating physician opinions (Drs. Van Sice and Zuniga-Barboni) and objective testing (cervical MRI showing moderate to severe stenosis, EMG showing minimal neuropathic changes), preponderated in favor of cervical radiculopathy as the cause of her symptoms. Petitioner's experts (Drs. Colwell, Srikumaran, Ahmed) argued for a vaccine-related shoulder injury, with Dr. Srikumaran suggesting the shoulder injury exacerbated a pre-existing cervical condition. Respondent's experts (Drs. Feeley, Callaghan) strongly supported cervical radiculopathy as the primary cause, correlating MRI and EMG findings to petitioner's symptoms. The Special Master concluded that petitioner failed to establish a Table SIRVA due to criterion four (no other condition explaining symptoms) and failed to establish causation-in-fact under the Althen test because the evidence preponderated in favor of cervical radiculopathy unrelated to the vaccination. The petition was denied on December 1, 2022. Attorneys for petitioner were Leah Durant, Law Offices of Leah V. Durant, PLLC. Attorney for respondent was Parisa Tabassian, U.S. Department of Justice. Special Master was Daniel T. Horner.
Source PDFs
USCOURTS-cofc-1_17-vv-01772