After receiving a flu shot, one petitioner developed pain in her shoulder and also pain in her neck, which could not have been caused directly by the flu shot. What happened? How did that impact her claim for benefits?
Ginsberg v. Secretary of Health and Human Services
Case at a glance:
INJURY: SIRVA, muscle tearing, tissue inflammation
VACCINE: flu shot (influenza vaccination)
VAX DATE: January 9, 2017
OUTCOME: $40k
SYMPTOMS: stabbing and throbbing left shoulder pain
INJURY DURATION: 9.5 months
CASE DURATION: 5.5 years from filing to award
Injured by a flu shot? Click here to learn more.
Flu Shot Induced Shoulder Pain vs. Neck Pain
Ms. Ginsberg received a left shoulder flu vaccine injection on January 9, 2017. Prior to this, she had a documented history of lower back pain and right leg pain, but no left arm pain or upper back or neck pain.
Shortly after the vaccine injection, Ms. Ginsberg developed left shoulder pain and other symptoms. The evening of the vaccination her pain began and increased quickly to a ten out of ten in intensity. The pain disrupted her sleep. At times, Ms. Ginsberg described the pain as being excruciating throbbing pain, radiating to her neck and down her hand" and "throbbing and stabbing pain." Sometimes she referenced numbness accompanying the pain. These symptoms gave her difficulty dressing, doing her hair, shelving books in the library, and with overhead activity, generally.
Aside from her left shoulder pain, Ms. Ginsberg also began to describe pain from her cervical spine. Subsequent evaluation and scans indicated other long-term damage including carpal tunnel syndrome and some arthritis, unrelated to the flu vaccine injection. She had not received any treatment for these conditions or symptoms prior to the flu shot.
Was the Pain Caused by the Flu Shot or Not?
Because Ms. Ginsberg had left shoulder pain as well as pain originating in her neck, the judge had to consider whether the pain was caused by her flu shot or whether the pain originated from age-related damage in her upper back or elsewhere.
Ms. Ginsberg visited multiple medical treaters to regarding her pain and underwent multiple examinations and scans. These resulted in a variety of finding, and some disagreement both among medical treaters and expert witnesses who analyzed her case and provided their own opinions.
"The presence (or absence) of carpal tunnel syndrome does not affect Ms. Ginsberg's claim that the flu vaccine harmed her shoulder." – Special Master Christian J. Moran
Ultimately, the court emphasized that, whatever the specific cause of her shoulder pain and symptoms, those arose only after her vaccination. There was a strong relationship in time, since the pain and symptoms began within forty-eight hours of the vaccine injection. Indeed, even if the symptoms were from pre-existing conditions, but the vaccine injection only activated the symptoms and pushed her over the edge, that still meant those symptoms were caused by the flu shot, at least based on a preponderance of evidence.
"Although a sequence of events in which a vaccination preceded the onset of an injury does not always mean that the vaccination caused the injury, the sequence of evevnts, statements from medical professionals, and Dr. Natanzi's opinion are sufficient to carry the day for Ms. Ginsberg." – Special Master Christian J. Moran
A $40,000.00 Damages Award in Light of Minimal Pain
The judge evaluated Ms. Ginsberg's shoulder pain and suffering at $40,000.00. In the decision, the judge noted, the limited severity and short duration of her symptoms. Ms. Ginsberg's treatment only lasted less than one year, and she declined to pursue further treatment. The decision also noted that Ms. Ginsberg was able to return to working out at the gym, demonstrating a strong recovery.
TAKEAWAY: Temporal Relation to Symptoms Is Important
This decision shows why it is so important that an injured individual's symptoms begin soon after their vaccine injection. It also underscores the difficulty of recovery when a claimant has pre-existing injuries that may contribute to their shoulder pain and symptoms.
Review the full decision here: Ginsberg v. Secretary of Health and Human Services
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