Bena Tomlinson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2015)
Case summary [AI summaries can sometimes make mistakes]
Bena Tomlinson filed a petition on September 25, 2013, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 6, 2010. The respondent filed a Rule 4(c) Report on February 10, 2014, conceding that Ms.
Tomlinson suffered from SIRVA and recommending compensation. The parties subsequently reached a proffer agreement for an award of damages.
Special Master Laura D. Millman issued a decision on February 13, 2015, awarding Ms.
Tomlinson a lump sum payment of $170,000.00, representing all elements of compensation to which she would be entitled under 42 U.S.C. § 300aa-15(a). The award was to be paid via a check made payable to Bena Tomlinson.
The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. Petitioner counsel was Ronald C.
Homer, and respondent counsel was Michael P. Milmoe.
Ms. Tomlinson is a competent adult.
Theory of causation
Petitioner Bena Tomlinson alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 6, 2010. The respondent conceded entitlement to compensation in its Rule 4(c) Report filed February 10, 2014. The case proceeded on a proffer for damages. Special Master Laura D. Millman awarded $170,000.00 as a lump sum payment on February 13, 2015, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). The theory of causation is based on the "Table" as the respondent conceded entitlement for SIRVA. No specific medical experts or detailed causation mechanism were described in the public decision. Petitioner counsel was Ronald C. Homer, and respondent counsel was Michael P. Milmoe.
Source PDFs
USCOURTS-cofc-1_13-vv-00736