Karen C. Bonner v. HHS - Influenza, right shoulder injury related to vaccine administration (2015)
Case summary [AI summaries can sometimes make mistakes]
Karen C. Bonner filed a petition for compensation under the National Vaccine Injury Compensation Program on September 17, 2014, alleging she suffered a shoulder injury after receiving the Fluzone flu vaccine on October 13, 2011.
The case was assigned to the Special Processing Unit. Respondent filed a status report on December 19, 2014, conceding that the preponderance of the medical evidence indicated that Ms.
Bonner suffered a right shoulder injury related to vaccine administration (SIRVA), which was causally related to the flu vaccination she received on October 13, 2011. Based on respondent's concession and the evidence, Chief Special Master Denise Kathryn Vowell found Ms.
Bonner entitled to compensation. Subsequently, on September 3, 2015, the parties filed a Stipulation of Facts Regarding Final Attorneys’ Fees and Costs.
They agreed upon an award of $26,985.18 for attorney's fees and costs. Petitioner's counsel represented that Ms.
Bonner incurred no out-of-pocket expenses. Chief Special Master Nora Beth Dorsey awarded this amount as a lump sum, jointly payable to Ms.
Bonner and her counsel, Temple W. Cabell of Cabell Law Firm, P.C.
Respondent's counsel was Glenn MacLeod of the U.S. Dept. of Justice.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the specific mechanism of injury beyond the general category of SIRVA.
Theory of causation
Petitioner Karen C. Bonner received the Fluzone flu vaccine on October 13, 2011. She alleged a right shoulder injury related to vaccine administration (SIRVA). Respondent Health and Human Services conceded that the preponderance of the medical evidence indicated that petitioner suffered a SIRVA causally related to the flu vaccination. The specific medical experts, mechanism of injury, onset, symptoms, diagnostic tests, or treatments are not described in the public decision. The case was resolved via concession and stipulation. Chief Special Master Denise Kathryn Vowell ruled on entitlement based on the concession. Chief Special Master Nora Beth Dorsey awarded $26,985.18 for attorney's fees and costs, jointly payable to petitioner and her counsel, Temple W. Cabell. Respondent's counsel was Glenn MacLeod. The theory of causation is based on the respondent's concession of a SIRVA, which falls under the Vaccine Injury Table.
Source PDFs
USCOURTS-cofc-1_14-vv-00858