Winnifer Kinsey v. HHS - Tdap, nerve sensitization and/or neuroinflammation resulting in radicular pain from a previously asymptomatic disc herniation (2022)

Winnifer Kinsey filed a claim alleging that a Tdap vaccine administered on June 20, 2018, caused her permanent muscle and nerve damage, specifically nerve sensitization and neuroinflammation leading to radicular pain from a previously asymptomatic disc herniation. The case was filed on May 14, 2019.

The respondent argued that the petitioner could not prove the vaccine caused the alleged injury or significantly aggravated a pre-existing condition, and also questioned whether the vaccine was administered in the right arm as claimed. The court found that the Tdap vaccine was likely administered in the petitioner's right arm, as she contended, based on her consistent reporting of pain and swelling in that arm following the vaccination, despite the initial vaccination record indicating the left arm.

However, the court determined that Ms. Kinsey failed to establish an off-Table claim for significant aggravation of a pre-existing condition.

She did not provide a preponderant evidence-based medical theory that the Tdap vaccine can cause neuroinflammation sufficient to aggravate radicular pain, nor did she prove that the vaccine actually caused such aggravation. The court also noted inconsistencies in the opinion of her treating neurosurgeon, Dr.

Owen, and found his opinion was outweighed by other physicians who attributed her symptoms to degenerative disc disease. Furthermore, Ms.

Kinsey did not establish a medically acceptable temporal relationship between the vaccination and the onset of her alleged nerve sensitization or neuroinflammation. Consequently, her claim was dismissed for failure to meet the necessary legal standards for entitlement.