Joann Forrest v. HHS - Influenza, significant aggravation of pre-existing shoulder injury (2023)

Joann Forrest, an adult, received an influenza vaccine on December 16, 2014. She had a pre-existing history of right shoulder pain, rotator cuff disease, and osteoarthritis.

Following the vaccination, she experienced a significant aggravation of her shoulder condition, including increased pain, reduced range of motion, and the development of adhesive capsulitis. The petitioner's expert, Dr.

Bodor, opined that the vaccine caused an inflammatory response that aggravated her pre-existing condition. The respondent's expert, Dr.

Bishop, argued that the progression of Ms. Forrest's condition was consistent with the natural course of her degenerative shoulder disease and that falls also contributed.

The court found that the petitioner had demonstrated by a preponderance of the evidence that the flu vaccination caused-in-fact a significant aggravation of her pre-existing shoulder injury. The case proceeded as an off-Table claim focusing on significant aggravation.

The court issued a ruling on entitlement on February 15, 2023, and subsequently awarded $45,000.00 in damages on July 19, 2023, as a lump sum payment to the petitioner.