Ronald Watkins v. HHS - Influenza, shoulder injury (2016)
Case summary [AI summaries can sometimes make mistakes]
On February 18, 2015, Ronald Watkins filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury following his influenza vaccination on October 1, 2013. Mr.
Watkins claimed the injury was residual and lasted for more than six months, and that he had not received any prior award or settlement for this condition. The Secretary of Health and Human Services, respondent, denied that the influenza immunization caused Mr.
Watkins' alleged shoulder injury or any other condition. The parties subsequently filed a joint stipulation for damages on January 28, 2016, agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation provided that Mr.
Watkins would receive a lump sum of $75,000.00, payable by check to the petitioner. This amount was intended to cover all items of damages available under the Vaccine Act, 42 U.S.C. § 300aa-15(a).
Judgment was to be entered in accordance with this decision. Michael McLaren of Black McLaren Jones Ryland & Griffee PC represented the petitioner, and Camille Collett of the U.S.
Department of Justice represented the respondent. The decision was entered on May 4, 2016.
Theory of causation
Petitioner Ronald Watkins alleged a shoulder injury, specifically SIRVA, following an October 1, 2013, influenza vaccination. The respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. The Special Master adopted the stipulation. Petitioner received a lump sum of $75,000.00 for all damages available under the Vaccine Act. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical facts supporting the alleged injury or its residual effects lasting more than six months. The decision was entered on May 4, 2016, based on the joint stipulation. Attorneys for petitioner were Michael McLaren, Black McLaren Jones Ryland & Griffee PC, and for respondent was Camille Collett, U.S. Department of Justice. Chief Special Master Nora Beth Dorsey issued the decision.
Source PDFs
USCOURTS-cofc-1_15-vv-00150