James King v. HHS - Influenza, shoulder injury related to vaccine administration (2014)
Case summary [AI summaries can sometimes make mistakes]
On December 6, 2013, James King filed a petition under the National Vaccine Injury Compensation Program alleging that an influenza vaccination received on October 14, 2012, caused him to suffer a shoulder injury related to vaccine administration (SIRVA). The case proceeded as a Table claim.
On February 18, 2014, Special Master Christian J. Moran found Mr.
King entitled to compensation. Subsequently, on June 26, 2014, the respondent filed a Proffer on Award of Compensation, agreeing to a lump sum payment of $125,000.00 to the petitioner.
Petitioner's counsel was William E. Cochran, Jr. of Black, McLaren, et al.
Respondent's counsel was Darryl R. Wishard of the United States Department of Justice.
Special Master Moran found the proffer reasonable and awarded the $125,000.00 lump sum payment to Mr. King.
On August 22, 2014, the parties filed a stipulation for attorneys' fees and costs. Petitioner sought $21,000.00 for his counsel, William E.
Cochran of Black McLaren Jones Ryland & Griffee, to which the respondent did not object. Special Master Moran awarded this amount.
The total compensation awarded to Mr. King was $146,000.00.
Theory of causation
Petitioner James King filed a petition on December 6, 2013, alleging that an influenza vaccination on October 14, 2012, caused a shoulder injury related to vaccine administration (SIRVA). The case was processed as a Table claim. On February 18, 2014, entitlement was established. On June 26, 2014, respondent filed a Proffer on Award of Compensation agreeing to a $125,000.00 lump sum payment. Petitioner agreed, and Special Master Christian J. Moran awarded this amount. On August 22, 2014, a stipulation for attorneys' fees and costs was filed. Petitioner sought $21,000.00, to which respondent did not object. Special Master Moran awarded this amount. The total award was $146,000.00. Petitioner's counsel was William E. Cochran, Jr. Respondent's counsel was Darryl R. Wishard. The public decision does not describe the specific medical mechanism, onset, symptoms, or expert testimony.
Source PDFs
USCOURTS-cofc-1_13-vv-00962