MaryAnn Story v. HHS - Influenza, shoulder injury related to vaccine administration (2016)
Case summary [AI summaries can sometimes make mistakes]
MaryAnn Story filed a petition for compensation under the National Vaccine Injury Compensation Program on May 26, 2015, alleging she suffered an injury to her right shoulder as a result of an influenza vaccine administered on November 20, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.
Story was entitled to compensation. The respondent concluded that Ms.
Story's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and was caused in fact by the flu vaccine she received. The respondent also determined that Ms.
Story met the statutory requirements for entitlement, including having suffered the sequela of her injury for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 21, 2015, finding Ms.
Story entitled to compensation. Subsequently, on November 13, 2015, the parties filed a proffer on the award of compensation.
The respondent proffered that Ms. Story should be awarded $105,275.00, representing all elements of compensation available under the Vaccine Act, and Ms.
Story agreed with this proffered award. Chief Special Master Dorsey issued a decision on January 13, 2016, awarding Ms.
Story a lump sum payment of $105,275.00, payable by check to MaryAnn Story, as compensation for all damages. On November 17, 2015, the parties filed a stipulation concerning attorneys' fees and costs.
They stipulated to an award of $14,750.00, with petitioner's counsel representing that Ms. Story incurred no out-of-pocket expenses.
Chief Special Master Dorsey approved this request in a decision issued on January 19, 2016, awarding the total of $14,750.00 as a lump sum in the form of a check jointly payable to petitioner MaryAnn Story and her counsel, Andrew D. Downing.
The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the medical expert witnesses involved in this case.
Theory of causation
Petitioner MaryAnn Story alleged a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 20, 2014. The respondent conceded entitlement, finding the injury consistent with SIRVA and caused in fact by the vaccine. The theory of causation is based on the Vaccine Injury Table (SIRVA). The respondent's Rule 4(c) report, filed October 20, 2015, supported entitlement. A ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on October 21, 2015. A proffer on award of compensation was filed November 13, 2015, agreeing to a lump sum of $105,275.00 for all damages, which was awarded by decision on January 13, 2016. Attorneys' fees and costs were stipulated at $14,750.00 and approved by decision on January 19, 2016. Petitioner was represented by Andrew Downing of Van Cott & Talamante, PLLC, and respondent was represented by Sarah Duncan of the U.S. Department of Justice. The public text does not detail the specific mechanism of injury or name any medical experts.