Beverly Schick-Cowell v. HHS - Influenza, left shoulder injuries (2022)

Beverly Schick-Cowell filed a petition for compensation on May 9, 2018, alleging that an influenza vaccine administered on September 16, 2016, caused her to suffer left shoulder injuries, specifically SIRVA. She amended her petition on August 15, 2018, specifying a "table injury." The respondent, the Secretary of Health and Human Services, recommended denial, arguing that Ms.

Schick-Cowell did not meet the criteria for an on-Table SIRVA claim and failed to establish that the flu vaccine was the cause-in-fact of her injury. The case involved extensive expert reports from both parties.

Petitioner's expert, Naveed Natanzi, D.O., opined that accidental over-penetration of the vaccine needle could cause shoulder trauma and inflammation. Respondent's experts, Robert Brophy, M.D., and Mark Bromberg, M.D., Ph.D., disputed this theory, questioning the needle's reach and the plausibility of the mechanism.

Special Master Christian J. Moran reviewed the medical records and expert opinions.

The Special Master found that Ms. Schick-Cowell had an 11-month history of shoulder pain prior to vaccination, with treatment for chronic neck, shoulder, and low back pain dating back to October 2015.

Medical records indicated shoulder pain complaints during chiropractic visits between January and September 2016, with pain intensity similar to post-vaccination reports. The Special Master also noted that Ms.

Schick-Cowell's pain was not limited to her left shoulder, citing records showing complaints of back pain and right leg sciatica during the post-vaccination period. The timing of symptom onset within 48 hours of vaccination was also found to be unresolved, with some medical records suggesting onset as late as September 21, 2016, or November 10, 2016, contradicting the petitioner's assertion of immediate onset.

Regarding the off-Table claim, the Special Master found that Ms. Schick-Cowell failed to establish a logical sequence of cause and effect connecting the flu vaccine to her shoulder injury.

While a treating physician, Dr. Frogameni, suggested the flu shot might be related to inflammation, this was the only such statement and was not binding.

The Special Master concluded that Ms. Schick-Cowell did not satisfy the criteria for an on-Table SIRVA claim due to her pre-existing shoulder pain history and the non-localized nature of her pain.

Furthermore, she did not meet the burden for an off-Table claim by failing to establish a persuasive logical sequence of cause and effect. Consequently, Ms.

Schick-Cowell's petition for compensation was denied. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and respondent was represented by Nina Ren of the United States Department of Justice.

The decision was issued by Special Master Christian J. Moran on February 8, 2022.