Kediala Magassouba v. HHS - Influenza, shoulder injury related to vaccine administration (“SIRVA”), right arm pain, and a subcutaneous tissue mass (2025)

Filed 2020-06-24Decided 2025-04-21Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Kediala Magassouba, a 53-year-old adult, filed a petition on June 24, 2020, alleging that an influenza vaccination she received on August 30, 2017, caused a shoulder injury related to vaccine administration (SIRVA), right arm pain, and a subcutaneous tissue mass. Petitioner contended that her injury met the requirements for a Table SIRVA.

The respondent, the Secretary of Health and Human Services, argued that the petitioner failed to demonstrate entitlement to compensation because the vaccination record indicated the vaccine was administered in her left shoulder, while she alleged injury to her right shoulder and arm. The respondent also argued that the petitioner did not demonstrate a Table SIRVA due to lack of onset within 48 hours and failed to show the vaccination caused her alleged injuries.

The Special Master, Daniel T. Horner, considered the evidence, including medical records, affidavits, and medical literature.

The core of the dispute centered on the site of vaccine administration. Petitioner presented medical records and affidavits suggesting the vaccine was given in her right arm, including her own statement and her husband's affidavit, and noted a subcutaneous mass on her right arm.

She also cited medical literature on granulomas as a potential vaccine side effect. However, the Special Master gave significant weight to contemporaneous pharmacy records, specifically a handwritten consent form and a computer-generated service details record, which clearly indicated the vaccine was administered in her left deltoid.

These records were found to be clear, consistent, and contemporaneous. The Special Master found that the petitioner's subsequent medical records, which reported pain in her right arm and noted a lump, were less reliable than the initial administration records, especially given the delay in seeking treatment and inconsistencies in the reported history (e.g., differing timeframes for symptom onset and the diagnosis of a lipoma rather than a granuloma).

The medical literature on granulomas was deemed insufficient to prove specific causation for the petitioner's mass. The Special Master concluded that the evidence preponderated in favor of the vaccine being administered in the left arm, and because the petitioner alleged injury to the opposite shoulder, she could not establish entitlement to compensation.

Consequently, the case was dismissed. Petitioner was represented by Mark Theodore Sadaka of the Law Offices of Sadaka Associates, LLC, and respondent was represented by Irene Angelica Firippis of the U.S.

Department of Justice. The decision was issued on April 21, 2025.

Theory of causation

Petitioner Kediala Magassouba, aged 53, received an influenza vaccination on August 30, 2017. She alleged a SIRVA, right arm pain, and a subcutaneous tissue mass caused by the vaccination. The central issue was the injection site. Petitioner claimed the vaccine was administered in her right arm, citing later medical records and affidavits. Respondent presented contemporaneous pharmacy records (handwritten consent form and computer-generated service details) indicating the vaccine was administered in the left deltoid. The Special Master, Daniel T. Horner, found the contemporaneous pharmacy records clear, consistent, and reliable, weighing them more heavily than petitioner's later medical records and affidavits, which contained inconsistencies and delays in reporting. The Special Master also found insufficient evidence that the subcutaneous mass on petitioner's right arm was a vaccine-related granuloma, with records suggesting it was a lipoma. Because the evidence preponderated in favor of left arm administration and the alleged injury was to the right arm, entitlement was denied. The case was dismissed on April 21, 2025. Petitioner was represented by Mark Theodore Sadaka, and respondent by Irene Angelica Firippis. The theory of causation was based on a Table SIRVA claim, but failed due to the determination of the injection site. No specific medical experts were named in the public decision. The award amount was null as the case was dismissed.

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