Bruce Robinson v. HHS - tetanus, left shoulder injury (2024)
Case summary [AI summaries can sometimes make mistakes]
Bruce Robinson filed a petition alleging a left shoulder injury resulting from a tetanus vaccination on January 23, 2019. He had a significant history of left shoulder problems, including a total shoulder replacement in October 2018.
Mr. Robinson claimed he experienced worsening pain and weakness in his left shoulder within days of the vaccination, which he believed was a SIRVA (Shoulder Injury Related to Vaccine Administration).
He presented expert testimony from Dr. Natanzi, who opined that the injury was a SIRVA caused by needle overpenetration.
However, the court found that the evidence preponderated in favor of a finding that Mr. Robinson's shoulder pain began approximately two weeks after the vaccination, which is outside the 48-hour window for a Table SIRVA.
Furthermore, the court found that the evidence supported the conclusion that Mr. Robinson suffered a spontaneous tear of his infraspinatus tendon, unrelated to the vaccination.
This conclusion was based on the opinion of his treating physician, Dr. Williams, who had performed his shoulder replacement surgery and was familiar with his prior condition.
Dr. Williams initially suspected a spontaneous rupture and later confirmed a full-thickness tear of the infraspinatus tendon.
The court also noted that Mr. Robinson's prior shoulder history and age were factors that could contribute to rotator cuff deterioration.
Ultimately, the court determined that Mr. Robinson had not preponderantly demonstrated that his injury was a Table SIRVA or that it was caused or aggravated by the vaccination.
Therefore, the petition was dismissed.
Source PDFs
USCOURTS-cofc-1_21-vv-00032