DRUMM v. SECRETARY OF HEALTH AND HUMAN SERVICES, 1:19-vv-00276-UNJ

Petitioner Julie Drumm, a school nurse, received an influenza vaccine in her left deltoid on October 20, 2017 and alleges a SIRVA (left shoulder injury related to vaccine administration).
She felt immediate pain during administration but did not seek medical care until March 7, 2018 (≈138 days later).
Contemporaneous treatment records (PCP, physical therapy, orthopedics) consistently state her pain began with the vaccination and include findings of reduced ROM, positive impingement tests, and rotator cuff tendonitis; MRI showed mild degenerative changes.
Petitioner submitted affidavits (hers, husband’s, children’s) corroborating immediate pain and explaining delay (expected routine post-vaccine soreness; believed it would resolve).
Respondent argued onset was not shown within 48 hours due to the long delay before first medical visit; petitioner moved for a factual ruling on onset.
Chief Special Master Corcoran found, on the record, that onset of pain occurred within 48 hours and ordered Respondent to file a status report about further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner’s first symptom (pain) began within 48 hours of vaccination (Table SIRVA QAI)	Drumm: Felt pain immediately as vaccine was administered; contemporaneous medical records uniformly report onset at vaccination; affidavits corroborate.	HHS: No preponderant evidence of onset within 48 hours because petitioner delayed seeking care ~5 months; lack of objective contemporaneous documentation within 48 hours.	Held for petitioner: Preponderant evidence supports onset within 48 hours based on consistent medical records and credible lay testimony despite treatment delay.
Whether the multi-month delay in seeking treatment defeats a Table onset finding	Drumm: Delay reasonable and explained (expected routine soreness; self-treatment; nurse background); no intervening treatment for shoulder during delay.	HHS: Delay undermines claim; an average claimant would seek earlier care for sudden post-vaccination pain.	Held for petitioner: Delay did not bar finding; explained and credible delay, absence of intervening treatment, and consistent later records allowed crediting her onset testimony.

Cucuras v. Sec'y of Health & Human Servs., 993 F.2d 1525 (Fed. Cir. 1993) (medical records are generally trustworthy and contemporaneous evidence).
Kirby v. Sec'y of Health & Human Servs., 997 F.3d 1378 (Fed. Cir. 2021) (medical records are not automatically accurate; later testimony may be credited when consistent).
Camery v. Sec'y of Health & Human Servs., 42 Fed. Cl. 381 (1998) (medical records may be incomplete or inaccurate and can be weighed against other evidence).
La Londe v. Sec'y of Health & Human Servs., 110 Fed. Cl. 184 (2013) (explains possible reasons for inconsistencies between records and later testimony).
Andreu v. Sec'y of Health & Human Servs., 569 F.3d 1367 (Fed. Cir. 2009) (credibility of claimant’s testimony is central when weighing evidence).
Bradley v. Sec'y of Health & Human Servs., 991 F.2d 1570 (Fed. Cir. 1993) (court considers credibility in vaccine program adjudications).
Burns v. Sec'y of Health & Human Servs., 3 F.3d 415 (Fed. Cir. 1993) (special master has discretion to weigh medical records against other evidence).