Teresa Cook v. HHS - Influenza, shoulder injury related to vaccine administration (2017)

Filed 2015-07-24Decided 2017-12-11Vaccine Influenza
compensated

Case summary [AI summaries can sometimes make mistakes]

Teresa Cook filed a petition for compensation under the National Vaccine Injury Compensation Program on July 24, 2015. She alleged that an influenza vaccination received on October 21, 2014, caused her to suffer a shoulder injury related to vaccine administration (SIRVA).

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on May 5, 2017, conceding that the petitioner was entitled to compensation. The respondent agreed that the petitioner's alleged injury was consistent with SIRVA and met the "Althen requirements" for causation.

Furthermore, the respondent stated that no other cause for the petitioner's condition had been identified and that the petitioner had suffered residual effects for more than six months, satisfying the statutory requirements for compensation. Based on the respondent's concession and the evidence presented, Chief Special Master Nora Beth Dorsey found Teresa Cook entitled to compensation.

The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Maximillian J.

Muller represented the petitioner, and Jennifer Leigh Reynaud represented the respondent.

Theory of causation

Petitioner Teresa Cook received an influenza vaccination on October 21, 2014. She alleged this vaccination caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA and met the "Althen requirements" for causation, stating no other cause was identified and the injury resulted in residual effects for more than six months. The theory of causation is "Off-Table." The public decision does not name specific experts or detail the mechanism of injury. Chief Special Master Nora Beth Dorsey ruled on entitlement on December 11, 2017, based on the respondent's concession. Petitioner counsel was Maximillian J. Muller, and respondent counsel was Jennifer Leigh Reynaud.

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