Dorothy Bundrick v. HHS - Influenza, adhesive capsulitis (2015)
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.
Source PDFs
USCOURTS-cofc-1_15-vv-00836