Dennis Carlson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)

Filed 2015-11-05Decided 2016-04-06Vaccine Influenza
compensated$145,225

Case summary [AI summaries can sometimes make mistakes]

Dennis Carlson filed a petition for compensation under the National Vaccine Injury Compensation Program on August 20, 2015, alleging that he developed a shoulder injury related to vaccine administration (SIRVA) in his right arm as a result of receiving an influenza vaccine on November 3, 2014. The case was assigned to the Special Processing Unit.

On November 4, 2015, the respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation, stating that his injury was consistent with SIRVA and compensable under the Vaccine Act, and that the records showed the injury's sequelae lasted more than six months. On November 5, 2015, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement finding petitioner entitled to compensation.

Subsequently, on November 24, 2015, the respondent filed a proffer on award of compensation, recommending an award of $145,225.36. The parties agreed to this award.

The proffered award included $140,000.00 for pain and suffering and $5,225.36 for lost earnings. On April 6, 2016, Chief Special Master Dorsey issued a decision awarding Dennis Carlson a lump sum payment of $145,225.36, representing compensation for pain and suffering and lost earnings.

Petitioner was represented by Michael G. McLaren of Black McLaren, et al., PC, and respondent was represented by Justine Elizabeth Walters of the U.S.

Department of Justice.

Theory of causation

Petitioner Dennis Carlson alleged a shoulder injury related to vaccine administration (SIRVA) in his right arm following an influenza vaccine on November 3, 2014. The respondent conceded entitlement to compensation, agreeing that the injury was consistent with SIRVA and compensable under the Vaccine Act. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts regarding onset or symptoms. The case proceeded to an award based on a stipulation. The award was $145,225.36, comprising $140,000.00 for pain and suffering and $5,225.36 for lost earnings. The theory of causation was based on the "Table" for SIRVA. Chief Special Master Nora Beth Dorsey issued the Ruling on Entitlement on November 5, 2015, and the final Decision Awarding Damages on April 6, 2016. Petitioner's counsel was Michael G. McLaren, and respondent's counsel was Justine Elizabeth Walters.

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