David Wood v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)

Filed 2016-03-02Decided 2016-05-10Vaccine Influenza
compensated$100,514

Case summary [AI summaries can sometimes make mistakes]

David Wood filed a petition for compensation under the National Vaccine Injury Compensation Program on November 12, 2015, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 25, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 1, 2016, conceding that Mr.

Wood was entitled to compensation. The respondent concluded that Mr.

Wood's injury was consistent with SIRVA and was caused-in-fact by the flu vaccine administered on October 25, 2014. The respondent also stated that no other causes for the SIRVA were identified and that the records showed the injury had persisted for more than six months.

Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey found Mr. Wood entitled to compensation.

The parties stipulated to a damages award of $100,514.00, which Chief Special Master Dorsey awarded as a lump sum payment to Mr. Wood, intended to compensate for all damages available under the Act.

Petitioner was represented by Danielle Strait of Maglio Christopher and Toale, PA, and respondent was represented by Claudia Gangi of the U.S. Department of Justice.

The decision was issued on May 10, 2016.

Theory of causation

Petitioner David Wood alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 25, 2014. The respondent conceded entitlement, concluding the injury was consistent with SIRVA, caused-in-fact by the vaccine, with no other identified causes, and had persisted for over six months. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. No experts were named in the public decision. The respondent proffered an award of $100,514.00, which petitioner agreed to, and Chief Special Master Nora Beth Dorsey awarded this lump sum on May 10, 2016. Petitioner's counsel was Danielle Strait, and respondent's counsel was Claudia Gangi. This was an off-Table theory.

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