John Scannell v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
John Scannell filed a petition for compensation under the National Vaccine Injury Compensation Program on October 8, 2015, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) in his right shoulder as a result of an influenza vaccine he received on October 22, 2014. The case was assigned to the Special Processing Unit.
On December 16, 2015, the respondent filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with SIRVA and was caused-in-fact by the flu vaccine received on October 22, 2014. Based on this concession and the record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on December 16, 2015, finding the petitioner entitled to compensation.
Subsequently, on January 12, 2016, the parties filed a proffer on award of compensation. The respondent proffered that the petitioner should be awarded $111,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a), and the petitioner agreed.
Chief Special Master Dorsey issued a decision on January 12, 2016, awarding this lump sum payment to the petitioner, John Scannell. Separately, on January 21, 2016, the parties filed a stipulation of facts regarding final attorneys' fees and costs.
They stipulated to an award of $14,500.00, to be paid as a lump sum in the form of a check jointly payable to the petitioner and his counsel, Muller Brazil, LLP. Chief Special Master Dorsey issued a decision on January 21, 2016, granting this request.
Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Darryl R.
Wishard of the U.S. Department of Justice.
The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner John Scannell alleged a shoulder injury related to vaccine administration (SIRVA) in his right shoulder following an influenza vaccine received on October 22, 2014. The respondent conceded that the injury was consistent with SIRVA and was caused-in-fact by the flu vaccine. This concession led to a ruling on entitlement by Chief Special Master Nora Beth Dorsey on December 16, 2015. Subsequently, a proffer on award of compensation was filed on January 12, 2016, agreeing to a lump sum payment of $111,000.00 for all damages under 42 U.S.C. § 300aa-15(a). A separate stipulation for attorneys' fees and costs was filed on January 21, 2016, resulting in an award of $14,500.00, jointly payable to the petitioner and his counsel, Muller Brazil, LLP. The specific mechanism of injury, medical experts, or detailed clinical findings were not described in the public text. The theory of causation was based on the respondent's concession of SIRVA and cause-in-fact, which falls under an "Off-Table" theory as SIRVA is not specifically listed in the Vaccine Injury Table. Petitioner was represented by Maximillian J. Muller (Muller Brazil, LLP), and respondent was represented by Darryl R. Wishard (U.S. Department of Justice). Chief Special Master Nora Beth Dorsey presided over the proceedings.