Summer Paolone v. HHS - Influenza, brachial neuritis leading to frozen shoulder (2014)
Case summary [AI summaries can sometimes make mistakes]
Summer Paolone filed a petition on October 10, 2013, alleging that an influenza vaccine she received on September 22, 2011, caused her to develop brachial neuritis leading to frozen shoulder. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on January 14, 2014, conceding that petitioner's left shoulder injury was caused by the vaccination and was compensable under the National Childhood Vaccine Injury Act.
On March 25, 2014, the respondent filed a Proffer on Award of Compensation. Special Master Laura D.
Millman reviewed the proffer and found its terms to be reasonable. Based on the record, Special Master Millman determined that petitioner was entitled to compensation.
The court awarded petitioner a lump sum payment of $120,000.00, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a). The award was to be paid via a check made payable to petitioner.
Petitioner was represented by Lawrence R. Cohan, and respondent was represented by Lynn E.
Ricciardella. The decision was issued by Special Master Millman on March 25, 2014, and filed on April 15, 2014.
Theory of causation
Petitioner Summer Paolone alleged that an influenza vaccine administered on September 22, 2011, caused brachial neuritis leading to frozen shoulder. Respondent conceded causation in its Rule 4(c) Report filed January 14, 2014. Special Master Laura D. Millman adopted the Respondent's Proffer on Award of Compensation filed March 25, 2014. The proffer stated that the $120,000.00 award represented all elements of compensation under 42 U.S.C. § 300aa-15(a). The decision was issued by Special Master Millman on March 25, 2014. Petitioner's counsel was Lawrence R. Cohan, and respondent's counsel was Lynn E. Ricciardella.
Source PDFs
USCOURTS-cofc-1_13-vv-00787