Sandra Malone v. HHS - Influenza, left shoulder injury (2016)
Case summary [AI summaries can sometimes make mistakes]
Sandra Malone filed a petition on December 1, 2015, alleging a left shoulder injury following an influenza vaccination administered on October 22, 2014. The case was assigned to the Special Processing Unit.
The respondent conceded entitlement, agreeing that the evidence established that the injury to petitioner's left shoulder was caused-in-fact by the administration of the flu vaccine and that the statutory six-month sequela requirement was satisfied. On February 18, 2016, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms.
Malone entitled to compensation. Subsequently, on June 23, 2016, the respondent filed a proffer proposing an award of $102,501.29, representing all elements of compensation under 42 U.S.C. § 300aa-15(a).
Petitioner agreed with the proffered award. On August 5, 2016, Chief Special Master Dorsey issued a decision awarding Sandra Malone a lump sum payment of $102,501.29, payable by check to Ms.
Malone, as compensation for all damages. Petitioner was represented by Anne Carrion Toale of Maglio Christopher and Toale, and respondent was represented by Christine Becer of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the precise mechanism of injury.
Theory of causation
Petitioner Sandra Malone alleged a left shoulder injury, specifically SIRVA, following an influenza vaccination on October 22, 2014. Respondent conceded entitlement, finding that a preponderance of the evidence established that the left shoulder injury was caused-in-fact by the vaccine and met the statutory requirements, including the six-month sequela period. The case was handled under the Special Processing Unit. Chief Special Master Nora Beth Dorsey ruled on entitlement on February 18, 2016. A subsequent proffer on award of compensation, filed by respondent on June 23, 2016, proposed an award of $102,501.29, which petitioner accepted. This amount was awarded as a lump sum on August 5, 2016. The theory of causation was considered "Off-Table." The public text does not name specific medical experts or detail the mechanism of injury beyond the concession of a vaccine-caused shoulder injury (SIRVA).
Source PDFs
USCOURTS-cofc-1_15-vv-01439