Willie Ivory Rance v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
On February 13, 2018, Willie Ivory Rance filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a September 9, 2013, influenza vaccine caused a left shoulder injury related to vaccine administration (SIRVA). Petitioner was 58 years old at the time of vaccination.
Respondent argued that Petitioner could not establish a SIRVA Table claim and that any causation-in-fact claim was time-barred. Petitioner contended that he met the criteria for a SIRVA Table claim or, alternatively, that he had a causation-in-fact claim that was timely under the Vaccine Act's lookback provision.
Petitioner argued that the addition of SIRVA to the Vaccine Injury Table significantly increased his likelihood of success. Respondent countered that the lookback provision did not apply and that Petitioner failed to meet the criteria for a causation-in-fact claim, suggesting Petitioner's shoulder pain was caused by pre-existing conditions like cervical radiculopathy.
The Special Master, Nora Beth Dorsey, issued a ruling on entitlement on October 6, 2023. The Special Master found that Petitioner did not satisfy all the SIRVA Table criteria but that the lookback provision of § 16(b) of the Vaccine Act applied, making the petition timely filed.
Crucially, the Special Master determined that Petitioner provided sufficient evidence to establish a causation-in-fact claim, proving the flu vaccine was a substantial factor in causing his shoulder injury. The Special Master found that Petitioner's prior medical history of chest pain radiating to his left arm was distinct from his post-vaccination shoulder injury, which was supported by treating physician notes and expert testimony.
The court rejected arguments that pre-existing conditions like cervical radiculopathy or diabetes were the sole causes of his shoulder pain, finding that the vaccination triggered or exacerbated his condition. As entitlement was granted, a separate order for damages will be issued.
Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Meghan Murphy.
Theory of causation
Petitioner Willie Ivory Rance, age 58, received an influenza vaccine on September 9, 2013, alleging a left shoulder injury related to vaccine administration (SIRVA). Petitioner did not meet all SIRVA Table criteria, specifically failing the third criterion regarding the scope of pain. However, the Special Master found the petition timely under the § 16(b) lookback provision due to the addition of SIRVA to the Vaccine Injury Table in March 2017. Petitioner established a causation-in-fact claim under the Althen standard. Petitioner's expert, Dr. Uma Srikumaran, opined that the vaccine caused an inflammatory reaction in the shoulder, potentially due to unintentional injection into synovial tissues or the bursa, citing literature (Atanasoff et al., Bodor & Montalvo, Arias et al., Hesse et al.). Petitioner's treating physicians and Petitioner himself reported immediate onset of left shoulder pain and related symptoms within 48 hours of vaccination, establishing a proximate temporal relationship. Dr. Srikumaran argued that Petitioner's pre-existing cervical degenerative condition was asymptomatic prior to vaccination and was exacerbated by the vaccine-induced shoulder injury, rather than being the primary cause of the shoulder symptoms. Respondent's experts, Dr. Geoffrey D. Abrams and Dr. Brian C. Callaghan, argued that Petitioner's symptoms were more likely caused by pre-existing cervical radiculopathy, diabetes, or fibromyalgia. The Special Master found Petitioner's prior left upper extremity pain was remote and unrelated to the post-vaccination shoulder injury, and that the vaccination triggered a new, distinct musculoskeletal condition. The Special Master concluded that the flu vaccine was a substantial factor in causing Petitioner's shoulder injury. Entitlement was granted, pending damages. Petitioner was represented by Leah VaSahnja Durant, and Respondent by Meghan Murphy. Special Master Nora Beth Dorsey issued the ruling on October 6, 2023.
Source PDFs
USCOURTS-cofc-1_18-vv-00222