Karen Green v. HHS - Influenza, right shoulder injury (2024)

Karen Green filed a petition alleging that an influenza vaccination on January 18, 2018, caused a right shoulder injury. The primary dispute was whether the vaccination actually occurred.

Petitioner submitted a handwritten vaccine administration record (Exhibit 2) and later an electronic immunization record (Exhibit 27), along with her own affidavit and VAERS report. Respondent initially contested the authenticity of the records, citing inconsistencies and lack of certification.

Dr. Sharma, the physician, was deposed and testified about her practice's record-keeping, acknowledging the authenticity of the forms and the office stamp, though noting some irregularities in record production.

The court found that both the handwritten record and the electronic immunization record were authentic, supported by billing records and Dr. Sharma's testimony.

The court determined there was preponderant evidence that Ms. Green received an intramuscular flu vaccination on January 18, 2018, manufactured by Seqirus, lot 79603, in her right deltoid.

The decision focused solely on establishing the fact of vaccination and did not address entitlement or damages.