Joseph Willett v. HHS - Hepatitis B, brachial neuritis and shoulder pain (2016)
Case summary [AI summaries can sometimes make mistakes]
Joseph Willett filed a petition for compensation under the National Vaccine Injury Compensation Program on October 6, 2015, alleging that a hepatitis B vaccination administered on June 8, 2012, caused him to suffer brachial neuritis and shoulder pain. The case was assigned to the Special Processing Unit.
The respondent filed a Rule 4(c) Report on October 5, 2015, conceding that the evidence established that the shoulder injury was caused-in-fact by the hepatitis B vaccination and that it was a compensable Shoulder Injury Related to Vaccine Administration (SIRVA) injury. The respondent also confirmed that Mr.
Willett met all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on October 6, 2015, finding Mr.
Willett entitled to compensation for his vaccine-caused SIRVA injury. Subsequently, on August 22, 2016, the respondent filed a Proffer on Award of Compensation, proposing an award of $60,000.00, which the petitioner agreed to.
Chief Special Master Dorsey issued a Decision Awarding Damages on October 31, 2016, awarding Joseph Willett a lump sum payment of $60,000.00, payable to him, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Mark T.
Sadaka, and respondent was represented by Michael P. Milmoe.
Theory of causation
Joseph Willett alleged that a hepatitis B vaccination on June 8, 2012, caused brachial neuritis and shoulder pain. The respondent conceded that the evidence established that the shoulder injury was caused-in-fact by the vaccination and that it was a compensable SIRVA injury. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts regarding the onset or symptoms of the brachial neuritis and shoulder pain. The case was assigned to the Special Processing Unit. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on October 6, 2015, finding petitioner entitled to compensation based on the respondent's concession. On October 31, 2016, Chief Special Master Dorsey issued a Decision Awarding Damages, awarding petitioner a lump sum of $60,000.00, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Mark T. Sadaka, and respondent was represented by Michael P. Milmoe.
Source PDFs
USCOURTS-cofc-1_15-vv-00252