Margie S. Keeling v. HHS - Influenza, shoulder injury related to vaccine administration (2022)
Case summary [AI summaries can sometimes make mistakes]
Margie S. Keeling filed a petition on December 30, 2020, alleging that an influenza vaccine administered on October 17, 2019, caused a shoulder injury related to vaccine administration (SIRVA).
The case was assigned to the Special Processing Unit. The primary issue was whether the injury met the statutory severity requirement of lasting more than six months.
Despite multiple orders and opportunities, Ms. Keeling failed to provide sufficient medical records or affidavits to establish this duration.
While she received treatment and prescriptions for her shoulder pain, including gabapentin, methocarbamol, and diclofenac gel, and underwent physical and occupational therapy, the medical records indicated improvement over time. For instance, by December 20, 2019, her pain ranged from 0-7/10, and by December 30, 2019, she reported no pain with sleep for two nights.
She self-discharged from physical therapy on January 2, 2020, reporting feeling "much better overall." By January 20, 2020, she reported her left upper arm pain was "gone." An orthopedics follow-up on January 22, 2020, noted her left shoulder was "getting better," with mild pain on certain tests and an assessment of "resolving rotator cuff syndrome." Petitioner's own statement indicated her shoulder pain "greatly improved" by September 7, 2020, and was "gone" by Christmas 2020. However, these statements were not notarized.
The Special Master, Chief Special Master Brian H. Corcoran, found that the evidence did not conclusively demonstrate that the injury persisted for the required six-month duration.
The medical records indicated improvement and did not document continued shoulder pain after February 2020, despite a prescription refill for diclofenac gel on March 27, 2020. The Special Master noted that Petitioner's concurrent conditions, such as right carpal tunnel syndrome and osteoarthritis, were also being treated and could have contributed to pain.
Ultimately, the Special Master concluded that Petitioner had not met her burden of proof regarding the severity requirement. Consequently, the petition was dismissed, and no compensation was awarded.
Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and Respondent was represented by Mallori Browne Openchowski of the U.S.
Department of Justice.
Theory of causation
Petitioner Margie S. Keeling, age 63, received an influenza vaccine on October 17, 2019, and alleged a Shoulder Injury Related to Vaccine Administration (SIRVA). The case was dismissed because Petitioner failed to meet the statutory six-month severity requirement. Medical records showed improvement in her left shoulder pain, with her self-discharging from physical therapy on January 2, 2020, and reporting significant improvement by January 2020. Her own statement indicated pain was "gone" by Christmas 2020, but this was not notarized. The Special Master, Brian H. Corcoran, found the evidence insufficient to establish the required duration of injury, noting the lack of objective medical evidence of ongoing severe symptoms after February 2020. Petitioner was represented by Amy A. Senerth and Respondent by Mallori Browne Openchowski. No award was made.
Source PDFs
USCOURTS-cofc-1_20-vv-02048