Claimant is a 63-year-old woman who is employed by Employer as a registered respiratory therapist. On the date of the alleged injury Claimant had been working for Employer for 28 years. Claimant is 5 foot and weighs approximately 234 pounds. Her weight has been stable for many years. Claimant had no history of cardiac illness before December 7, 2009.
In 2008, Claimant's primary care physician, Dr. Howell, gave her a permanent exemption from receiving the influenza vaccination. In spite of her permanent exemption, Claimant was told by a supervisor that the vaccination was mandatory, and on December 7, 2009, Employer administered, and Claimant received, the inactivated monovalent Influenza (H1N1) vaccination. Claimant testified after the vaccination she had immediate numbness, tingling, and burning in her hands. She developed flu-like symptoms including a cough, within one week after her shot.
As time passed, Claimant's symptoms would subside, and flare up again. Her cough lingered. Claimant's symptoms flared up in March 2010. In June 2010, Claimant had a flare-up that caused her to go to the emergency room. She was given a Z-pak, and an inhaler. An x-ray showed an enlarged heart. She was diagnosed with cardiomegaly and atypical pneumonia.
In September 2010, Claimant returned to the emergency room. She was given another zpack. Her condition progressively got worse until October 10, 2010, when she went to the hospital for fatigue, shortness of breath, and weakness. She could barely get up the stairs at work. Claimant was diagnosed with pneumonia and congestive heart failure. She was referred for an echo stress test and her ejection fracture (EF) was 31 %. She was diagnosed with nonischemic cardiomyopathy.
Claimant was referred to Mercy Hospital for a cardiac catheterization. Her next echo showed she had an EF of 38 %. She was diagnosed with nonischemic cardiomyopathy. Her condition was getting progressively worse, and Claimant was taken off work. She was told not to lift or pull heavy items. Although a defibrillator was recommended, Claimant did not get one. Once Claimant started cardiac rehabilitation, she started to feel stronger. She still had numbness and tingling in her hands. Claimant testified her condition stabilized with treatment and medications.
Claimant testified Employer did not send her for treatment, and she had to treat on her own. Claimant testified Employer knew she was treating for her heart condition. Claimant did not request treatment. She assumed they would take over her treatment.
Claimant testified the bills in Claimant's Exhibit 2 substantially represent all of the bills she received for her heart condition. She deducted the amounts that were unrelated to her heart condition. She testified that the total charges amounted to over $\ 78,263.69. Her out-of-pocket expenses amounted to $\ 21,460.77.
Claimant continues to take medications for her heart. If she does not take her medications, she cannot function. Claimant testified she will need to be on medication for the rest of her life. She gets fatigued and cannot walk long distances. She has issues with heat and humidity. She has insomnia and chest pain. Her hair fell out and she has bald spots where her hair has not grown back.
When Claimant stands for long periods of time, her back hurts. She no longer bowls or roller skates. Her sexual stamina and intimacy have been negatively impacted by her December 7, 2009 flu shot. She has difficulty at work because of the numbness in her hands, and it affects her ability to draw blood. Sometimes she is fatigued, and has to stop and rest when going from place to place at work, and can't take the stairs. She has to hold onto something when she squats, bends, or kneels. She limits lifting to 20 pounds.
Claimant testified she felt like her symptoms were connected to the flu vaccine. Her health started spiraling downward after her December 7, 2009 H1N1 flu vaccine. She was told the H1N1 virus was a dead virus, but then she developed an enlarged heart that was discovered in
June 2010. Dr. Serota told her she cannot have the flu vaccine and the flu vaccine caused her cardiomyopathy.
Claimant continued to work after her December 7, 2009 H1N1 flu vaccination up until October 15, 2010. She had to miss work from October 15, 2010 through July 20, 2011. Claimant has returned to work and is performing all of her job duties.