A routine vaccine should not cause a life-changing shoulder injury. But in this case, that is exactly what happened.
Our client was an experienced emergency department nurse. She had spent years caring for patients in a demanding hospital environment. As part of her work and life, she was familiar with injections and had received vaccines before without any serious problem.
This vaccine was different.
Immediately after the injection, she felt intense pain in her shoulder. The pain did not go away. Instead, it developed into a serious and long-lasting shoulder condition that affected her sleep, her daily life, her recreational activities, and her ability to return to the emergency nursing work she loved.
What Went Wrong With the Vaccine Injection?
The issue at trial was not whether vaccines are generally safe. The issue was whether this particular injection was administered properly.
We argued that the vaccine was placed too high and too far forward on the arm, instead of in the proper area of the deltoid muscle. Proper landmarking matters. When giving a shoulder injection, the healthcare provider must identify the correct anatomical landmarks and inject into the appropriate part of the deltoid.
At trial, we were able to prove that this did not happen.
The Court accepted our client’s evidence about where the injection was given. The Court found that the injection was administered in the wrong location and that the healthcare provider breached the standard of care.
Proving the Injury Was Caused by the Injection
Causation was a major issue.
The defence argued that the shoulder injury may not have been caused by negligent injection technique. We advanced medical evidence showing that the immediate onset of pain, the location of the injection, and the progression of symptoms were consistent with an improperly administered vaccine causing injury to the shoulder.
The Court accepted that argument.
The trial judge found that, but for the incorrect administration of the vaccine, our client likely would not have suffered the inflammatory shoulder reaction that followed.
How The Shoulder Injury Changed Our Client’s Life
This was not a minor injury.
Our client developed significant shoulder inflammation, frozen shoulder, chronic pain, weakness, restricted movement, sleep disturbance, and reduced use of her arm. Although she recovered some range of motion over time, she continued to live with pain and functional limitations.
The injury affected many parts of her life, including:
- sleeping comfortably;
- household cleaning and maintenance;
- lifting, carrying, and reaching;
- swimming, kayaking, camping, and hiking;
- personal care tasks;
- driving tolerance; and
- her ability to work as an emergency department nurse.
Before the injury, our client had a physically demanding career in emergency nursing. After the injury, the Court accepted that she could not return to that work. While lighter or more administrative nursing duties were theoretically possible, the Court found that finding suitable employment was extremely difficult given her limitations and circumstances.
Compensation Awarded at Trial
At trial, we were able to obtain a substantial damages award for our client that included compensation for pain and suffering, past and future loss of income, pension losses, pain-management services, personal-care assistance, housekeeping, handyman services, assistive devices, TENS equipment and supplies, medication, and related travel.
The Defendant Appealed the Decision
The defendant appealed the trial decision, challenging the findings on standard of care, causation, and mitigation.
The appeal was dismissed.
The Court of Appeal upheld the trial judge’s findings and confirmed that the trial judge was entitled to accept our client’s evidence about the injection site. The Court of Appeal also upheld the finding that the improperly administered vaccine caused the injury.
Why This Vaccine Injury Case Matters
This case is an important reminder that even a routine medical procedure can cause serious harm when it is not performed properly.
It also shows the importance of carefully proving every part of a medical negligence case: what happened, what the proper standard required, how the standard was breached, how the injury was caused, and how the injury affected the person’s life and livelihood.
For our client, the case was about far more than a sore shoulder. It was about the loss of a career, chronic pain, permanent limitations, and the need for recognition of what had happened to her.
At trial and on appeal, we were able to help secure that recognition.
Injured After an Injection in Ontario?
If you have suffered a serious shoulder or other injury following an improperly administered injection in Ottawa, Kingston or elsewhere across Eastern Ontario, you may have legal options depending on the circumstances. Speaking with an Ontario personal injury lawyer can help you understand what evidence may be important and whether a medical negligence claim should be investigated.
Bergeron Clifford Injury Lawyers focuses exclusively on injury law and serves clients throughout Ottawa, Kingston and Eastern Ontario. Contact us today for a free consultation.
