TORRES v. SECRETARY OF HEALTH AND HUMAN SERVICES
1:19-vv-00540
| Fed. Cl. | Jun 30, 2025Background
- Petitioner Maria Torres claimed she suffered a shoulder injury (SIRVA) after a flu vaccination administered on October 18, 2016, and filed a petition under the National Childhood Vaccine Injury Act.
- The injury allegedly manifested as left shoulder pain and limited range of motion within 48 hours of vaccination, with no history of prior shoulder dysfunction.
- Initial medical diagnoses included acute left shoulder pain and, after further imaging, biceps tendon pathology, with conflicting medical expert opinions on causation.
- The case underwent extensive proceedings, including submission of medical records, affidavits, and competing orthopedic expert reports for both parties.
- The key legal dispute centered on whether another shoulder pathology (biceps tendinitis or tear) provided an alternative explanation for the symptoms, thus defeating the SIRVA Table Injury presumption.
- The Special Master found Torres entitled to compensation, ruling that her injury fell under the Table SIRVA criteria rather than being explained solely by coincidental biceps pathology.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Torres' injury meets the Table SIRVA criteria | Met all four Table SIRVA criteria | Biceps pathology is an alternative cause | Petitioner satisfied SIRVA Table criteria |
| Whether biceps tendinitis/tear explains the symptoms | Biceps finding is incidental; SIRVA present | Biceps tendinitis is cause, not SIRVA | Biceps pathology not independent, did not defeat SIRVA |
| Whether flu vaccine caused petitioner’s injury-based on facts | Onset and symptoms consistent with SIRVA | No direct causal link; unrelated tendinitis | Vaccination was substantial factor in injury |
| Whether respondent proved a factor unrelated to vaccination | No unrelated factors shown | Biceps issue is unrelated to vaccine | Respondent failed to prove unrelated causation |
Key Cases Cited
- Moberly v. Sec'y of Health & Human Servs., 592 F.3d 1315 (Fed. Cir. 2010) (clarifies preponderance of evidence and causation framework for vaccine injury cases)
- Shyface v. Sec’y of Health & Human Servs., 165 F.3d 1344 (Fed. Cir. 1999) (establishes 'but-for' and 'substantial factor' tests for vaccine injury causation)
- Pafford v. Sec’y of Health & Human Servs., 451 F.3d 1352 (Fed. Cir. 2006) (applies causation-in-fact framework for vaccine claims)
- Althen v. Sec’y of Health & Human Servs., 418 F.3d 1274 (Fed. Cir. 2005) (describes three-prong test for proving causation in non-Table vaccine injury cases)
- Bunting v. Sec’y of Health & Human Servs., 931 F.2d 867 (Fed. Cir. 1991) (proof of medical certainty is not required in vaccine cases)
- Deribeaux v. Sec’y of Health & Human Servs., 717 F.3d 1363 (Fed. Cir. 2013) (discusses shift of burden to respondent to show factors unrelated to vaccination after prima facie showing)
- Hines ex rel. Sevier v. Sec’y of Health & Human Servs., 940 F.2d 1518 (Fed. Cir. 1991) (special master must consider all evidence, draw inferences, and provide rational decision basis)