Peddada v. Secretary of Health and Human Services
17-426
| Fed. Cl. | Aug 7, 2017Background
- Petitioner filed a Vaccine Program petition alleging the 11/13/2015 influenza vaccination caused a right‑shoulder injury (SIRVA).
- Medical records show the flu vaccine was administered in the left deltoid; petitioner’s affidavit initially said it was given in the right shoulder.
- Contemporaneous treatment records (Jan–Apr 2016) consistently report right shoulder pain beginning on January 8, 2016 after reaching for a low volleyball volley; MRI and clinical notes document right supraspinatus tendinosis and worsening symptoms.
- Petitioner first told a treating physician (on April 20, 2016) — over five months after vaccination — that her right shoulder pain began immediately after the flu shot; this contradicts earlier consistent reports attributing onset to a tennis injury.
- Petitioner did not file an expert report and provided no medical records showing an adverse reaction to the vaccine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner proved medical causation linking the flu vaccine to right‑shoulder injury | Peddada contended the flu vaccine caused her right‑shoulder injury (SIRVA) | Respondent pointed to left‑arm vaccination, inconsistent onset timing, and an alternative cause (tennis injury); no expert support | Dismissed — petitioner failed to prove causation in fact and offered no expert opinion |
| Whether temporal relationship supports causation | Petitioner asserted proximate timing between vaccination and injury | Records show onset ~Jan 8, 2016 (~2 months after vaccination) and petitioner first linked vaccine to pain only in April, undermining temporal nexus | Dismissed — temporal nexus not established; timing and side mismatch fatal |
| Whether medical records or later affidavit/control statements control | Petitioner relied on her affidavit alleging right‑arm vaccination | Respondent relied on contemporaneous medical/vaccine records showing left‑arm vaccination and consistent treatment histories attributing symptoms to tennis | Medical records control; unexplained inconsistencies fatal to petitioner’s claim |
| Whether absence of expert evidence is dispositive | Petitioner offered no expert report but argued facts support claim | Respondent emphasized Vaccine Act prohibits relying solely on petitioner’s allegations without medical opinion or records | Dismissed — lack of expert opinion and no medical evidence of reaction mandates dismissal |
Key Cases Cited
- Althen v. Sec’y of HHS, 418 F.3d 1274 (Fed. Cir. 2005) (elements required to prove causation in fact in Vaccine Program)
- Grant v. Sec’y of HHS, 956 F.2d 1144 (Fed. Cir. 1992) (mere absence of other causes insufficient; need a reputable medical explanation)
- Shyface v. Sec’y of HHS, 165 F.3d 1344 (Fed. Cir. 1999) (standard that vaccination must be a substantial factor in causing injury)