Kevin Finnegan v. HHS - Influenza, left shoulder injury, later diagnosed as brachial neuritis (2016)

Filed 2015-11-06Decided 2016-10-31Vaccine Influenza
compensated$82,500

Case summary [AI summaries can sometimes make mistakes]

Kevin Finnegan filed a petition for compensation under the National Vaccine Injury Compensation Program on November 6, 2015, alleging that he sustained a left shoulder injury, later diagnosed as brachial neuritis, as a result of receiving an influenza vaccine on January 6, 2015. He further alleged that he suffered residual effects from this injury for more than six months.

The respondent denied that the flu vaccine caused petitioner's alleged shoulder injury and residual effects. Nevertheless, on August 18, 2016, the parties filed a joint stipulation for compensation.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Kevin Finnegan was awarded a lump sum of $82,500.00 as compensation for all items of damages.

The decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. Petitioner was represented by Amber Diane Wilson of Maglio Christopher & Toale, PA, and respondent was represented by Jennifer Leigh Reynaud of the U.S.

Department of Justice.

Theory of causation

Petitioner Kevin Finnegan alleged that an influenza vaccine administered on January 6, 2015, caused a left shoulder injury, later diagnosed as brachial neuritis, with residual effects lasting more than six months. Respondent denied that the vaccine caused the alleged injury or its residual effects. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The public decision does not detail the specific theory of causation, medical experts, or evidence presented regarding the mechanism of injury. Compensation was awarded in the amount of $82,500.00 as a lump sum. The decision date was October 31, 2016, with the stipulation filed on August 18, 2016. Petitioner's counsel was Amber Diane Wilson, and respondent's counsel was Jennifer Leigh Reynaud.

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