Proving 48-hour onset of symptoms is important, but the judge in shoulder injury cases looks at the big picture, even if there is some vagueness.
Conley v. Secretary of Health and Human Services
Case at a glance:
INJURY: tendonitis, impingement syndrome
SYMPTOMS: aching and shooting pain, impaired mobility, limited strength
VACCINE: flu shot (influenza vaccination)
VACCINATION DATE: October 18, 2019
SYMPTOM DURATION: 2 years 8 months
CASE OUTCOME: $125,000 award for past pain and suffering
CASE DURATION TO AWARD: 3.5 years from filing to decision
Injured by a flu shot? Click here to learn more.
Severe Shoulder Pain and Symptoms After a Flu Shot
Mr. Conley suffered a left shoulder injury as a result of a flu shot injection he underwent on October 18, 2019, prior to which he never suffered .
Mr. Conley described that his symptoms began immediately and peaked the day after the injection. He experienced aching and shooting shoulder pain, including constant soreness near the vaccine injection site which got worse at night. He also experienced difficulty moving his arm in certain directions and decreased arm and shoulder strength. As a result of the pain and impairment, Mr. Conley experienced difficulty sleeping, dressing, and showering as well as increased pain carrying heavy objects, pain lifting his arm overhead,
Mr. Conley visited at least three medical providers, his primary care provider, a physical medical specialist, and an orthopedic specialist, over the course of many visits. His first documented visit was thirty-three days after the flu vaccine injection, and he continued visiting medical treaters for shoulder problems until June 2022, over two and a half years after the flu shot.
These treaters provided a wide variety of treatment, including home physical exercises, anti-inflammatory and pain medications, oral steroids and five corticosteroid injections, x-rays and an MRI scan, and eventually shoulder surgery.
Although Mr. Conley's pain persisted for years through this process, he did make progress with his extensive treatment. Ultimately, his left shoulder injury symptoms reduced greatly from their original peak.
The Judge Looks at the Big Picture to Determine the Onset Time of the Severe Shoulder Injury Flu Shot Pain
Although Mr. Conley's symptoms were severe and undeniable, attorneys from the United States Department of Justice attempted to disqualify Mr. Conley from receiving benefits. First, they argued that his first documented medical treatment was over thirty-three days after the vaccine administration. Second, they argued that medical records of the flu-shot-related shoulder injury were vague regarding the time those symptoms onset.
The judge, addressing these arguments, emphasized that he considered the record in whole. It is not uncommon for individuals suffering a vaccine-related injury, especially shoulder pain, to delay treatment considering that they frequently expect to experience some shoulder pain from a shot and it takes time to realize their symptoms will not resolve on their own. In light of this, thirty-three days delaying treatment is reasonable. Second, while the records did not always indicate the precise date of onset, they consistently linked the onset of shoulder injury symptoms with the flu shot which caused them.
Based on these observations, the Judge found Mr. Conley did qualify for benefits under the Vaccine Act.
Severe Shoulder Injury Symptoms Result in a Significant Award of Benefits
Considering the record and facts, the judge awarded Mr. Conley $125,000.00 in benefits for past pain and suffering.
The judge explained that this award was based on the record demonstrating severe shoulder symptoms over a significant period of time. The judge cited the large amount and kinds of medical treatment Mr. Conley received, including shoulder surgery. The judge also took note of Mr. Conley's pain ratings, which varied between as high as ten out of ten to three out of ten over the course of a two-year-and-eight-month period of documented symptoms.
TAKEAWAY: Your Record Doesn't Need to Be Perfect, but You Need to Keep up with Treatment and Follow Doctors' Orders
This decision shows that, while evidence can be imperfect (here, the medical records were vague about when Mr. Conley's symptoms began), the judge was willing to consider the complete record of evidence in his decision. That is why it is important to be complete and honest with your doctor about your flu-shot shoulder injury symptoms and follow your doctor's instructions.
Review the full decision here: Conley v. Secretary of Health and Human Services
Tags: