Joice Finn v. HHS - Influenza, left shoulder injury (2017)
Case summary [AI summaries can sometimes make mistakes]
Joice Finn filed a petition for compensation under the National Vaccine Injury Compensation Program on October 21, 2016, alleging that she suffered a left shoulder injury caused-in-fact by her October 17, 2014, influenza vaccination. She further alleged that she experienced residual effects of her injury for more than six months and that there had been no prior award or settlement of a civil action for damages on her behalf.
The respondent denied that the flu vaccine caused petitioner's alleged shoulder injury and residual effects, denied that she suffered residual effects for more than six months, and denied that the flu vaccine caused any other injury or her current condition. Despite the respondent's denials, the parties filed a joint stipulation on October 21, 2016, agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Joice Finn was awarded a lump sum of $30,000.00, payable to her, as compensation for all items of damages available under the Vaccine Act.
The decision was entered on February 13, 2017. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses.
Petitioner was represented by Andrew Donald Downing of Van Cott & Talamante, PLLC, and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice.
Theory of causation
Petitioner Joice Finn alleged that her left shoulder injury, resulting from an October 17, 2014, influenza vaccination, caused residual effects for more than six months. Respondent denied causation. The parties filed a joint stipulation agreeing to an award. The Special Master adopted the stipulation. Petitioner received a $30,000.00 lump sum award. The theory of causation was "Off-Table" according to the provided data, and the public decision does not detail the specific medical mechanism, expert testimony, or key evidence considered beyond the stipulation. The decision was entered on February 13, 2017, by Chief Special Master Nora Beth Dorsey. Petitioner's counsel was Andrew Donald Downing, and respondent's counsel was Jennifer Leigh Reynaud.
Source PDFs
USCOURTS-cofc-1_15-vv-01029