Lori McNeal v. HHS - Influenza, left shoulder injury (2016)
Case summary [AI summaries can sometimes make mistakes]
Lori McNeal filed a petition for compensation under the National Vaccine Injury Compensation Program on November 2, 2015. She alleged that she suffered a left shoulder injury as a result of receiving an influenza vaccine on September 27, 2013, and that she experienced residual effects of this injury for more than six months.
The respondent denied that the flu vaccine caused her injury. However, on August 15, 2016, both parties filed a joint stipulation agreeing to an award of compensation.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The parties stipulated that Lori McNeal would receive a lump sum of $200,000.00, payable by check to petitioner, representing compensation for all items of damages available under the Vaccine Act.
The court approved this amount and directed that judgment be entered accordingly. Petitioner's counsel was Richard Gage of Richard Gage, P.C., and respondent's counsel was Douglas Ross of the U.S.
Department of Justice. The specific medical details of the injury, its onset, symptoms, diagnostic tests, treatments, or the mechanism of causation were not described in the public decision, as the case was resolved by stipulation.
Theory of causation
Petitioner Lori McNeal alleged a left shoulder injury following an influenza vaccine administered on September 27, 2013. The respondent denied causation. The parties resolved the case via joint stipulation on August 15, 2016, agreeing to an award of $200,000.00. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. The award was for all damages available under the Vaccine Act. The decision was made by Chief Special Master Nora Beth Dorsey. Petitioner was represented by Richard Gage, P.C., and respondent by the U.S. Department of Justice.
Source PDFs
USCOURTS-cofc-1_15-vv-01295