Arlene McFeely v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (2017)
Case summary [AI summaries can sometimes make mistakes]
Arlene McFeely filed a petition for compensation under the National Vaccine Injury Compensation Program on January 13, 2017, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving an influenza vaccination on September 7, 2014. The respondent denied that the influenza vaccine caused petitioner's alleged SIRVA.
Nevertheless, the parties filed a joint stipulation on January 13, 2017, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as the decision of the Court.
Arlene McFeely was awarded a lump sum of $122,500.00 in compensation for all items of damages. The decision was issued by Chief Special Master Nora Beth Dorsey.
Theory of causation
Petitioner Arlene McFeely alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on September 7, 2014. The respondent denied causation. The parties filed a joint stipulation for compensation, which the Special Master adopted. Petitioner was awarded $122,500.00. The specific theory of causation and any expert testimony are not described in the public decision text. The decision does not detail the onset, symptoms, diagnostic tests, or treatments for the alleged injury. The case was handled under the "Table" category for SIRVA. Petitioner's counsel was Maximillian Muller of Muller Brazil, LLP, and respondent's counsel was Robert Coleman of the U.S. Department of Justice. The decision was issued by Chief Special Master Nora Beth Dorsey on June 14, 2017.
Source PDFs
USCOURTS-cofc-1_15-vv-01367