Greider v. Secretary of Health and Human Services
16-915
Fed. Cl.Jun 26, 2017Background
- Petitioner John Greider filed a Vaccine Act petition alleging the influenza vaccine administered on November 5, 2013 caused Parsonage–Turner syndrome (brachial neuritis).
- Medical records show pre‑existing left shoulder/neck complaints (2011–2013), a prior left arm injury (skiing), and diagnoses including brachial neuritis/radiculitis and cervical spondylosis with disc bulging.
- Post‑vaccination treatment: petitioner reported new symptoms in late December 2013; EMG/NCS (Jan 15, 2014) showed abnormalities possibly attributable to cervical roots or plexopathy; MRI of the left brachial plexus (Jan 31, 2014) was unremarkable but cervical spondylosis noted.
- Petitioner underwent cervical discectomy and fusion (Feb 10, 2014) for C5–C6 and C6–C7 spondylosis with stenosis—raising alternative explanations for his neuropathy.
- The Special Master ordered an expert report; petitioner requested extensions but ultimately moved to dismiss, conceding he could not prove entitlement and would not submit further evidence.
- The Special Master dismissed the petition for failure to establish causation in fact (no expert opinion, medical records do not substantiate post‑vaccinal brachial neuritis, temporal interval and alternative causes problematic).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner proved causation in fact between flu vaccine and Parsonage–Turner syndrome | Greider alleged the vaccine caused his brachial neuritis following vaccination | Respondent maintained the record lacks medical opinion linking vaccine to injury and shows alternative causes (cervical spondylosis, prior shoulder trauma, delayed onset) | Petition dismissed for failure to prove causation in fact (no expert report, medical records inconsistent, temporal and alternative‑cause problems) |
Key Cases Cited
- Althen v. Sec’y of HHS, 418 F.3d 1274 (Fed. Cir. 2005) (three‑prong test for causation in fact in the Vaccine Program)
- Grant v. Sec’y of HHS, 956 F.2d 1144 (Fed. Cir. 1992) (persuasive medical theory requires reputable medical explanation or expert testimony)
- Shyface v. Sec’y of HHS, 165 F.3d 1344 (Fed. Cir. 1999) (but‑for and substantial‑factor principles in vaccine causation analysis)
