Richard Parker v. HHS - Influenza, shoulder injury (2017)
Case summary [AI summaries can sometimes make mistakes]
Richard Parker filed a petition for compensation under the National Vaccine Injury Compensation Program on November 5, 2015. He alleged that he sustained a shoulder injury caused by an influenza vaccine he received on November 30, 2013.
Mr. Parker stated that the vaccine was administered in the United States, that he experienced residual effects of his injury for more than six months, and that there had been no prior award or settlement of a civil action for damages related to his condition.
The respondent denied that the influenza immunization caused Mr. Parker's shoulder injury or any other condition.
On October 5, 2016, the parties filed a joint stipulation for damages, 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.
Mr. Parker was awarded a lump sum of $145,530.00, payable to him, as compensation for all items of damages available under the Vaccine Act.
The decision was entered on January 10, 2017. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the names of any medical experts consulted.
Petitioner was represented by Leah V. Durant of the Law Offices of Leah V.
Durant, PLLC, and respondent was represented by Justine E. Walters of the U.S.
Department of Justice.
Theory of causation
Petitioner Richard Parker alleged that an influenza vaccine administered on November 30, 2013, caused a shoulder injury. Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. The Special Master adopted the stipulation. Petitioner was awarded $145,530.00. The theory of causation is described as 'Off-Table' in the provided data. The public decision does not detail the specific mechanism of injury, medical experts, or evidence presented regarding causation, as the case was resolved via stipulation. The decision was entered on January 10, 2017, by Chief Special Master Nora Beth Dorsey. Petitioner's counsel was Leah V. Durant, and respondent's counsel was Justine E. Walters.
Source PDFs
USCOURTS-cofc-1_15-vv-01331