Titus Henderson v. HHS - Tdap, injury of shoulder deltoid muscle and nerves, [and a] severe allergic (anaphylaxis) seizure reaction, etc. (2022)
Case summary [AI summaries can sometimes make mistakes]
Titus Henderson filed a petition alleging he received Tdap and influenza vaccines on April 14 and 16, 2016, which caused him to suffer shoulder injury and a severe allergic seizure reaction. Mr.
Henderson, who was incarcerated at the time, faced significant challenges in obtaining his medical records, leading to numerous procedural filings and extensions. The Secretary of Health and Human Services recommended dismissal, stating Mr.
Henderson failed to demonstrate a Table SIRVA injury because shoulder pain was not reported until over two years after vaccination, and he did not establish causation-in-fact for his other alleged injuries. The court found that the medical records did not specify which arm received the Tdap vaccine, nor did they show shoulder pain within 48 hours of vaccination, thus failing the criteria for a Table SIRVA claim.
For the alleged seizure reaction and nerve damage, the court found Mr. Henderson did not provide a medical theory, a logical sequence of cause and effect, or a proximate temporal relationship between the vaccination and the alleged injuries, nor did his treating physicians support such a link.
The court also noted that records suggested he had seizures prior to the vaccination. Ultimately, the court determined that Mr.
Henderson had not provided persuasive proof of his claimed injuries and dismissed his petition for compensation.
Source PDFs
USCOURTS-cofc-1_19-vv-00479