Entitlement Decision – Table Brachial Neuritis – Onset Issue


Lewis v. HHS (Fed. Cl. Spec. Mstr. Oct. 13, 2015) (Moran, SM)

The parties disputed whether the onset of Petitioner’s shoulder injury occurred during the table time period, i.e., Respondent alleged that Petitioner’s onset occurred too soon, the day after the vaccine.  Neither party requested a fact hearing, and the Special Master ruled on the onset issue after an analysis of medical records and affidavits only.

The Special Master rejected Respondent’s argument, premised on a later record noting a one-day onset, finding that the contemporaneous records, while Petitioner was still hospitalized post-partum, made no mention of shoulder pain in the two days after vaccination.

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