Marino v. Secretary of Health and Human Services
16-622
| Fed. Cl. | Dec 8, 2017Background
- Petitioner Deborah Marino filed a Vaccine Act petition alleging right shoulder injury after an influenza vaccination on September 25, 2014.
- Petitioner sought compensation under the National Vaccine Injury Compensation Program; the case was assigned to the Special Processing Unit.
- Respondent contested entitlement, arguing petitioner failed to provide reliable evidence of causation and highlighted petitioner’s seven-month delay in seeking treatment.
- A fact hearing was held (petitioner and two lay witnesses testified); respondent did not call witnesses.
- The special master found petitioner experienced immediate pain after injection, that the SIRVA criteria were met, and that petitioner satisfied Althen causation-in-fact.
- The special master ruled petitioner entitled to compensation and closed the record after giving the parties an opportunity to submit further evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Onset of symptoms | Pain began immediately after vaccination | Onset not reliable; pointed to long delay in care | Court found credible testimony that pain began immediately after injection |
| Existence of SIRVA | Right shoulder pain and reduced ROM limited to vaccinated shoulder; no prior shoulder problem | Injury not shown to be SIRVA; alternative explanations not established | Court found petitioner met SIRVA criteria (no prior shoulder issue; proper time frame; localized symptoms; no other explanatory condition) |
| Causation-in-fact (Althen) | Vaccine administration caused petitioner’s shoulder injury under Althen | Insufficient evidence to link vaccine to injury | Court found petitioner met Althen and proved causation-in-fact |
| Entitlement to compensation | Petitioner sought Vaccine Act compensation | Respondent opposed entitlement | Petitioner awarded entitlement; ruling ordered in her favor |
Key Cases Cited
- Althen v. Secretary of Health & Human Servs., 418 F.3d 1274 (Fed. Cir. 2005) (establishes the three-part test for proving causation-in-fact in vaccine cases)