Christina L. Murray v. HHS - Influenza, rotator cuff tear (2016)
Case summary [AI summaries can sometimes make mistakes]
Christina L. Murray filed a petition for compensation on September 14, 2015, alleging that she suffered a rotator cuff tear and other shoulder injuries as a result of receiving a seasonal influenza vaccine on September 19, 2013.
The case was assigned to the Special Processing Unit. The respondent filed a Rule 4(c) report on January 20, 2016, conceding that the petitioner's injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that it was compensable under the National Vaccine Injury Compensation Program.
The respondent stated that the evidence established that the petitioner's injury was not due to factors unrelated to the vaccination and that all other statutory and jurisdictional requirements were met. On January 22, 2016, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding the petitioner entitled to compensation based on the respondent's concession.
Subsequently, on February 24, 2016, the respondent filed a proffer on award of compensation, proposing a lump sum payment of $125,000.00. The petitioner agreed with this proffered award.
On February 24, 2016, Chief Special Master Dorsey issued a decision awarding the petitioner a lump sum payment of $125,000.00, payable by check to Christina L. Murray, representing all elements of compensation.
The decision was issued by Chief Special Master Nora Beth Dorsey. Petitioner's counsel was Stephen Joseph Mathieu.
Respondent's counsel was Justine Elizabeth Walters.
Theory of causation
Petitioner Christina L. Murray received a seasonal influenza vaccine on September 19, 2013, and subsequently alleged a rotator cuff tear and other shoulder injuries. The respondent conceded that the injury was consistent with a Shoulder Injury Related to Vaccine Administration (SIRVA) and was compensable under the National Vaccine Injury Compensation Program, agreeing that the injury was not due to factors unrelated to the vaccination. The case was handled in the Special Processing Unit. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on January 22, 2016, finding petitioner entitled to compensation. A Decision Awarding Damages was issued on February 24, 2016, based on a proffer from the respondent, agreeing to a lump sum award of $125,000.00 for all elements of compensation. Petitioner's counsel was Stephen Joseph Mathieu, and respondent's counsel was Justine Elizabeth Walters.
Source PDFs
USCOURTS-cofc-1_15-vv-01021