Green & Schafle partner David Carney, who focuses his litigation practice on vaccine related injuries, recently won a case at trial involving a retired mill worker who received a flu shot and developed a shoulder injury related to vaccine administration, SIRVA. The matter went to trial on June 21st 2023 and 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
Mr. Carney took this particular 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 caused a SIRVA injury. Specifically, the DOJ attorneys argued that the petitioner had a previously documented history of arm pain and associated issues, and that his shoulder pain existed prior to the administration of the flu vaccine.
SIRVA is characterized by severe pain, limited range of motion, and potential nerve damage in the affected shoulder. SIRVA can be caused by a vaccine injection needle damaging the bursa, tendons, or nerves in the shoulder, leading to inflammation and maladaptive immune responses. The severity of SIRVA can range from mild to moderate or severe where the treatment methods can be as simple as taking over the counter pain medications, or requiring physical therapy, cortisone injections, and even surgery.
## Carney and Renowned Medical Experts Argue the Case with Supporting Evidence
At trial, Mr. Carney put on evidence that his client’s SIRVA began after receiving the influenza vaccine and that the science supported the causal relationship between vaccination and the development of SIRVA.
In support, Mr. Carney relied on experts in the fields of physical medicine and rehabilitation from the top medical institutions in the country. Experts pointed to several indicators that supported a SIRVA injury – including the petitioner’s immediate onset of pain after vaccine injection and the continued pain moving the shoulder joint thereafter.
After reviewing all of the presented evidence and testimony from the experts, the court ruled that there was sufficient evidence to support a SIRVA claim. The central issues were whether the SIRVA symptoms of pain began immediately after the influenza vaccination and whether the injured’s prior history of cervical radiculopathy or the vaccine was the cause of his ongoing shoulder pain, dysfunction and decreased range of motion.
## Now More Than Ever, Vaccine Injuries Require Experienced Trial Lawyers to Represent the Case
In a time when the Department of Health and Human Services looks at every potential avenue to contest or delay the resolution of SIRVA claims, it is critical to retain qualified and experienced trial lawyers who specialize in vaccine injury. Trial lawyers possess the key trial advocacy skills to diagnosis potential issues in your case, obtain the necessary medical experts to support the case, and to litigate the issues to resolution. Mr. Carney’s tenacious and persistent trial tactics were critical in achieving a victory for his client whose case was vigorously contested by the Department of Health and Human Services and Department of Justice at every turn. Our vaccine injury trial lawyers will leave no stone unturned when advocating for your case.
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