Scott A. Hoerth v. HHS - Influenza, right shoulder pain and weakness, Parsonage-Turner syndrome, rotator cuff tendonitis, trapezius strain, rotator cuff tear, acromioclavicular joint arthritis (2020)

Scott Hoerth alleged that an influenza vaccination he received on December 6, 2016, caused him to develop right shoulder pain and weakness, eventually leading to a diagnosis of Parsonage-Turner syndrome. The parties disputed the onset date of Mr.

Hoerth's symptoms. A hearing was held to resolve this factual dispute.

The court considered testimony from Mr. Hoerth, his wife, and his brother, along with medical records.

The court found that Mr. Hoerth's shoulder pain began on November 27, 2016, prior to the vaccination, and worsened after exercise in March 2017.

The court noted inconsistencies in Mr. Hoerth's recollection and medical record entries regarding the onset date.

Ultimately, the court found that the weight of the evidence supported an onset date before the vaccination. Subsequently, on August 20, 2020, the petitioner moved for voluntary dismissal.

As respondent had not yet filed his Rule 4 report, the case was dismissed without prejudice on September 29, 2020.