Glanville v. Secretary of Health and Human Services
19-1973
| Fed. Cl. | Mar 4, 2022Background:
- Percy Glanville filed a petition under the National Vaccine Injury Compensation Program alleging a right‑shoulder SIRVA after a December 6, 2017 influenza vaccination.
- Respondent filed a Rule 4(c) report asserting the contemporaneous pharmacy vaccine administration record showed the vaccine was given in the left deltoid.
- Pharmacy computer printout (Ex. 1) lists left arm, but the handwritten Rite Aid consent form (Ex. 20) shows both LA and RA circled with the pharmacist crossing out LA and leaving RA circled.
- Petitioner submitted an affidavit stating she asked to switch the shot to her right arm because she had a left shoulder MRI scheduled; she reported right deltoid pain starting the day of vaccination.
- Multiple contemporaneous medical records (PCP and orthopedist notes, physical therapy, and treatment records) document right shoulder pain beginning immediately after the vaccine, a visible scab on the right deltoid the day after vaccination, and ongoing right shoulder treatment and diagnoses.
- The Chief Special Master concluded, weighing the records and testimony, that the preponderant evidence shows the vaccine was administered in the right deltoid.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which arm received the Dec. 6, 2017 flu vaccine? | Glanville: affidavit, handwritten consent form (pharmacist crossed out LA), contemporaneous medical notes and immediate right‑shoulder symptoms support right arm. | HHS: computer-generated vaccine administration record contemporaneously documents left arm; later records reflect petitioner’s statements. | Found for Petitioner: preponderant evidence supports administration in the right deltoid (handwritten form, PCP exam, and contemporaneous treatment corroborate). |
Key Cases Cited
- Cucuras v. Secretary of Health & Human Services, 993 F.2d 1525 (Fed. Cir. 1993) (medical records generally trustworthy and contemporaneous).
- Kirby v. Secretary of Health & Human Services, 997 F.3d 1378 (Fed. Cir. 2021) (rejects presumption that medical records are complete and accurate as to all conditions).
- La Londe v. Secretary of Health & Human Services, 110 Fed. Cl. 184 (2013) (identifies possible explanations for inconsistencies between contemporaneous records and later testimony).
- Camery v. Secretary of Health & Human Services, 42 Fed. Cl. 381 (1998) (later testimony can outweigh records when consistent, clear, and compelling).
- Andreu v. Secretary of Health & Human Services, 569 F.3d 1367 (Fed. Cir. 2009) (special master must assess credibility of lay testimony).
- Bradley v. Secretary of Health & Human Services, 991 F.2d 1570 (Fed. Cir. 1993) (standards for deference to special master's fact findings).
- Burns v. Secretary of Health & Human Services, 3 F.3d 415 (Fed. Cir. 1993) (special master has discretion to weigh medical records against other evidence).