Lori Lee-Strobl v. HHS - Influenza, shoulder injury (2016)
Case summary [AI summaries can sometimes make mistakes]
On September 21, 2015, Lori Lee-Strobl filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury as a result of receiving an influenza vaccine on October 23, 2014. She further alleged that the residual effects of this injury persisted for more than six months.
The respondent denied that the influenza vaccine caused the petitioner's shoulder injury or any other injury. On June 21, 2016, the parties filed a joint stipulation 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. Lori Lee-Strobl was awarded a lump sum of $93,000.00 for all items of damages, plus $2,679.34 to reimburse a Medicaid lien, totaling $95,679.34.
The decision was issued on August 5, 2016. Petitioner was represented by Anne Carrion Toale, and respondent was represented by Sarah Christina Duncan.
Theory of causation
Petitioner Lori Lee-Strobl alleged a shoulder injury following an influenza vaccine administered on October 23, 2014, with residual effects lasting over six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation indicates a "Table" theory of causation was utilized, as no specific medical mechanism or expert testimony was detailed in the provided text. The award included $93,000.00 for damages and $2,679.34 for a Medicaid lien, totaling $95,679.34. The decision was issued on August 5, 2016. Petitioner's counsel was Anne Carrion Toale, and respondent's counsel was Sarah Christina Duncan.
Source PDFs
USCOURTS-cofc-1_15-vv-01055