Stevens v. Secretary of Health and Human Services
21-2348V
Fed. Cl.Jun 9, 2025Background
- Mark Stevens filed a claim under the National Vaccine Injury Compensation Program, alleging he suffered a SIRVA (shoulder injury related to vaccine administration) after a flu vaccine on January 23, 2019.
- Petitioner first reported left arm pain on February 19, 2019, and saw multiple medical providers over subsequent months, with shoulder issues recorded during only a few visits.
- The onset of pain was inconsistently reported in medical records as occurring anywhere from the day after vaccination to several weeks after.
- There was a significant gap in the medical record concerning ongoing shoulder issues after April 2019, and no evidence petitioner continued to experience symptoms for the required six months.
- Petitioner submitted an affidavit stating ongoing pain, but it conflicted with contemporaneous medical records.
- The respondent opposed compensation, arguing that both onset and severity requirements were not met under the Vaccine Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Petitioner meet SIRVA definition (onset)? | Pain began within required time frame and due to vaccination | Onset not shown within 48 hours as required | Petitioner did not establish timely onset |
| Did injury persist for >6 months (severity)? | Pain and symptoms lasted longer than six months | Insufficient evidence of symptom duration | Severity requirement not met |
| Are affidavit statements credible over medical records? | Affidavit supports ongoing symptoms | Medical records are more reliable | Medical records given more weight |
| Entitlement to Vaccine Program compensation? | All substantive requirements met for compensation | Insufficient evidence for entitlement | Claim dismissed in its entirety |
Key Cases Cited
- Cucuras v. Sec’y of Health & Hum. Servs., 993 F.2d 1525 (Fed. Cir. 1993) (medical records generally considered trustworthy as contemporaneous evidence).
- Kirby v. Sec'y of Health & Hum. Servs., 997 F.3d 1378 (Fed. Cir. 2021) (no presumption that medical records are always accurate or complete).
- Andreu v. Sec’y of Health & Hum. Servs., 569 F.3d 1367 (Fed. Cir. 2009) (credibility of witness testimony against records must be evaluated).
- Bradley v. Sec’y of Health & Hum. Servs., 991 F.2d 1570 (Fed. Cir. 1993) (special master has discretion to weigh evidence).