Marilyn Akyuz v. HHS - Influenza, shoulder injury related to vaccine administration (2015)
Case summary [AI summaries can sometimes make mistakes]
Marilyn Akyuz filed a petition on March 2, 2015, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that a trivalent influenza vaccine administered on October 7, 2013, resulted in a shoulder injury related to vaccine administration (SIRVA).
The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 19, 2015, conceding that the petitioner's alleged injury was consistent with SIRVA and that she had met all legal requirements for compensation.
Based on this concession and the available evidence, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on June 22, 2015, finding Ms. Akyuz entitled to compensation.
Subsequently, on September 1, 2015, the respondent filed a proffer on the award of compensation, recommending an award of $127,500.00. The petitioner agreed to this amount.
On September 30, 2015, Special Master Vowell issued a decision awarding Marilyn Akyuz a lump sum payment of $127,500.00, representing compensation for all damages available under the Act. Ronald Homer of Conway, Homer & Chin-Caplan, P.C. represented the petitioner, and Sarah Duncan from the U.S.
Department of Justice represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.
The mechanism of injury is not detailed in the provided text.
Theory of causation
Petitioner Marilyn Akyuz alleged a shoulder injury related to vaccine administration (SIRVA) following a trivalent influenza vaccination on October 7, 2013. The respondent conceded that the injury was consistent with SIRVA and that petitioner met all legal prerequisites for compensation. The Special Master, Denise Kathryn Vowell, ruled on entitlement on June 22, 2015, finding petitioner entitled to compensation. A subsequent proffer on award of compensation was filed by the respondent on September 1, 2015, recommending $127,500.00, which petitioner accepted. Special Master Vowell issued a decision on September 30, 2015, awarding a lump sum of $127,500.00. The theory of causation was based on the "Table" as indicated by the respondent's concession, and no specific medical experts or detailed mechanism of injury were presented in the provided public text. Petitioner was represented by Ronald Homer, and respondent by Sarah Duncan.
Source PDFs
USCOURTS-cofc-1_15-vv-00201