David J. Larson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
David J. Larson filed a petition for compensation on January 6, 2016, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a seasonal trivalent influenza vaccine on October 11, 2012.
The respondent, the Secretary of Health and Human Services, conceded that Mr. Larson's SIRVA was caused-in-fact by the flu vaccination and that he met all legal prerequisites for compensation.
The respondent agreed that no other causes for the SIRVA were identified and that the statutory six-month sequela requirement was satisfied. Based on the evidence of record, the respondent proffered an award of $69,506.00, which Mr.
Larson accepted. The Chief Special Master, Nora Beth Dorsey, found Mr.
Larson entitled to compensation and awarded him a lump sum payment of $69,506.00 for all damages, payable to David J. Larson.
The decision was based on a stipulation/proffer and concession by the respondent. Petitioner's counsel was Kate Westad of Lommen, Abdo Law Firm, and respondent's counsel was Lara Englund of the U.S.
Department of Justice. The decision was issued on May 3, 2016.
Theory of causation
Petitioner David J. Larson received a seasonal trivalent influenza vaccine on October 11, 2012, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the SIRVA was caused-in-fact by the vaccination, that no other causes were identified, and that the statutory six-month sequela requirement was satisfied. Petitioner met all legal prerequisites for compensation. The case was decided based on a stipulation/proffer and concession by the respondent. Chief Special Master Nora Beth Dorsey awarded petitioner $69,506.00 as a lump sum payment for all damages. Petitioner's counsel was Kate Westad, and respondent's counsel was Lara Englund. The decision date was May 3, 2016.
Source PDFs
USCOURTS-cofc-1_15-vv-01077