Dorothy Bundrick v. HHS - Influenza, adhesive capsulitis (2015)

Filed 2015-08-06Decided 2015-10-16Vaccine Influenza
compensated$120,000

Case summary [AI summaries can sometimes make mistakes]

Dorothy Bundrick filed a petition for compensation under the National Vaccine Injury Compensation Program on August 6, 2015. She alleged that she received an influenza vaccine on September 16, 2013, in her left shoulder, and subsequently developed adhesive capsulitis, a shoulder injury.

The respondent, represented by Darryl R. Wishard of the United States Department of Justice, filed a report conceding that the petitioner's injury was consistent with shoulder injury related to vaccine administration (SIRVA) and that she met the statutory requirements for compensation, including suffering her condition for more than six months.

Petitioner was represented by Lawrence R. Cohan of Anapol, Schwartz, et al.

Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 30, 2015, finding that petitioner was entitled to compensation. The case then proceeded to the damages phase.

On October 16, 2015, the parties submitted a Proffer on Award of Compensation, agreeing to a lump sum payment of $120,000.00 to Dorothy Bundrick for all elements of compensation. Chief Special Master Dorsey issued a decision on October 16, 2015, awarding damages based on this proffer.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. The theory of causation was based on causation-in-fact for SIRVA.

Theory of causation

Petitioner Dorothy Bundrick alleged that an influenza vaccine administered on September 16, 2013, caused adhesive capsulitis (SIRVA) in her left shoulder. The respondent conceded causation-in-fact for the SIRVA. The case proceeded as an off-Table claim. The public decision does not name specific medical experts or describe the mechanism of injury. The outcome was compensated. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 30, 2015, and a decision awarding damages on October 16, 2015. The award was a lump sum of $120,000.00, payable to petitioner Dorothy Bundrick, representing all elements of compensation. Attorneys for petitioner were Lawrence R. Cohan, Anapol, Schwartz, et al., and for respondent was Darryl R. Wishard, United States Department of Justice.

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