Vaccine Lawyer David Carney Takes Brachial Neuritis Case to Trial

Michael Schafle by Michael Schafle, Founding Partner of Green & Schafle

Green & Schafle partner David Carney, a vaccine lawyer, recently took a case to trial involving a former college golfer who developed brachial neuritis after a flu shot

Green & Schafle partner David Carney, who focuses his litigation practice on vaccine related injuries, recently took a case to trial involving a former college golfer who received a flu shot while in college and suffered from brachial neuritis, a neurological condition that causes sudden and severe pain in the shoulder and upper arm.  The trial took place in the United States Court of Federal Claims, which is located in Washington, D.C. and has jurisdiction over all vaccine-related injury claims arising out of the [National Vaccine Injury Compensation Program]( Vaccine claims are defended by the Department of Health and Human Services, which is represented by the U.S. Department of Justice. ## Case Taken to Trial When HHS Contested Flu Shot Was Cause of Injury David took this case to trial when the Department of Health and Human Services, through its attorneys at the U.S. Department of Justice, contested that the flu vaccine could cause brachial neuritis. Brachial neuritis, also known as Parsonage-Turner syndrome, is a neurological condition that causes sudden and severe pain in one’s shoulder and upper arm. The pain can last from a few days to a few weeks. Thereafter, a patient will experience muscle weakness in the shoulder, arm, forearm or hand, which can usually last for several months. Brachial neuritis occurs due to damage to the brachial plexus, which is a network of nerves from the spine to the neck and also travels into the armpits and down the arms. Parsonage-Turner syndrome (PTS) mainly affects motor nerves and axons, which are responsible for controlling movement and which is why the condition leads to muscle weakness. PTS is rare, so healthcare providers often misdiagnose it as cervical radiculopathy (pinched nerve) or cervical spondylosis, which are more common conditions with similar symptoms. ## Carney Taps Renowned Medical Experts for Help at Trial At trial, Mr. Carney put on evidence that his client’s brachial neuritis began after receiving the influenza vaccine and that the science supported the causal relationship between vaccination and the development of brachial neuritis. In support, Mr. Carney relied on well-renowned experts in the fields of neurology and immunology from the top medical institutions in the country. Currently, the Court is evaluating the evidence and testimony from trial in order to write a published decision on whether the flu vaccine can cause brachial neuritis and whether it did so for this young man. Should the Court rule in Mr. Carney’s client’s favor, this will be one of the first decisions where the court found that the influenza vaccine can cause brachial neuritis, which would allow similar individuals to obtain compensation from the National Vaccine Injury Compensation Program in the future.
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What is the VICP? How does the VICP Work? What Vaccines are Covered by the VICP? How to File a Petition? Who Can File a Petition? What are the VICP Petition Steps? Do You Need a Lawyer to File a VICP Petition? What are the VICP Vaccine Injury Severity Requirements? What are the VICP Statute of Limitations? What are Vaccine Injury Settlements and Payouts?
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