Vaccine Injury Compensation Program: Court Ruling on Shoulder Injury Case

Strategic Insights -

The United States Court of Federal Claims has issued a ruling in the case of Crystal Green vs. Secretary of Health and Human Services, pertaining to a petition filed under the National Vaccine Injury Compensation Program. Green, the petitioner, sought compensation for a right shoulder injury related to vaccine administration (SIRVA) resulting from a varicella vaccine received on June 23, 2022. However, the court found inconsistencies in the records regarding the situs and means of vaccine administration, and the onset of shoulder pain.

Key Takeaways:

  • The court ruled that Green's claim for SIRVA cannot proceed due to inconsistencies in the records regarding the situs and means of vaccine administration.
  • The varicella vaccine administered to Green was indicated to be administered subcutaneously, which does not meet the criteria for a Table SIRVA claim.
  • There is conflicting evidence as to whether the vaccine was administered in Green's right or left arm, casting doubt on the viability of any claim.
  • The court pointed out that a vaccine administered subcutaneously could potentially form the basis for an off-table claim, but Green has not asserted such a claim.
  • The court found that Green did not report shoulder pain relating to her varicella vaccine until six months after vaccination, despite four interim medical encounters that were silent on shoulder pain.
  • The court noted that Green received a hepatitis B vaccine in her right upper arm on July 20, 2022, less than a month after the varicella vaccine, which undercuts her claim that she was then experiencing right shoulder pain.
  • The court allowed Green the chance to provide sufficient evidence in support of her claim, but emphasized the importance of following court orders and providing the necessary evidence to support her claim.
  • Failure to comply with court orders may result in the dismissal of Green's claim.

Statistics:

  • The varicella vaccine was administered on June 23, 2022.
  • Green reported shoulder pain on December 23, 2022, six months after vaccination.
  • Green received a hepatitis B vaccine in her right upper arm on July 20, 2022, less than a month after the varicella vaccine.
  • The court ordered Green to show cause by August 4, 2025, why her case should not be dismissed due to insufficient evidence.

Sources:

1\. In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0621V Crystal Green, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Chief Special Master Corcoran Filed: June 4, 2025 ORDER TO SHOW CAUSE - SPECIAL PROCESSING UNIT.