Robert Lang v. HHS - Influenza, Parsonage Turner syndrome, also known as brachial neuritis (2020)

Robert Lang filed a petition on August 8, 2018, alleging that he suffered from Parsonage Turner syndrome, also known as brachial neuritis, as a result of an influenza vaccine administered on October 4, 2017. Mr.

Lang, who was 60 years old at the time of vaccination, claimed the injury was a Table injury but the Special Master determined it was an off-Table claim, requiring him to prove causation. The public decision does not describe the specific symptoms or onset of the alleged injury.

Mr. Lang's medical records from October 18 and 19, 2017, following the vaccination, did not document a diagnosis of brachial neuritis.

A neurologist on February 22, 2018, noted that Mr. Lang's right upper extremity weakness following an episode of pain could be Parsonage Turner syndrome, but the diagnosis was right upper extremity weakness, with the neurologist noting the absence of motor electrodiagnostic abnormalities suggested recovery.

A subsequent EMG/NCS on March 18, 2019, revealed multiple electrodiagnostic abnormalities, including evidence of a chronic neurogenic process affecting proximal branches of the right brachial plexus, an incomplete, patchy, proximal right radial neuropathy, bilateral median mononeuropathies at the wrist consistent with moderate carpal tunnel syndrome, and some evidence for a right ulnar neuropathy at the elbow. The "Active Problems" listed included bilateral carpal tunnel syndrome, musculocutaneous neuropathy, right radial neuropathy, and ulnar neuropathy at the elbow of the right upper extremity.

The Special Master found that the medical records did not provide preponderant evidence that Mr. Lang had been diagnosed with brachial neuritis.

Furthermore, Mr. Lang failed to establish a sound and reliable medical or scientific theory connecting the flu vaccine to his alleged injury, as he did not provide an expert report or any medical opinion explaining the causation.

His assertion that his medical records constituted an expert report was rejected. The public decision does not describe the specific mechanism of injury.

Mr. Lang also failed to provide medical records from three years prior to his vaccination, making it impossible to ascertain his condition before the vaccine.

The Special Master found that the temporal relationship between the vaccine and the onset of symptoms was not medically appropriate to infer causation-in-fact, noting that the first medical visit showing symptoms occurred approximately two weeks after vaccination but yielded no diagnosis of brachial neuritis, and the diagnosis of other neuropathies occurred over a year after vaccination without clear evidence of earlier onset. Petitioner counsel was Robert J.

Lang, pro se. Respondent counsel was Heather L.

Pearlman. Special Master Katherine E.

Oler issued the decision dismissing the petition on April 27, 2020. The petition was dismissed because Mr.

Lang failed to meet his legal burden of proving a defined and recognized injury and failed to provide evidence of a sound medical or scientific theory establishing that the vaccine caused the alleged injury. The public decision does not mention any award amount or annuity terms.