Tonya Brock v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Tonya Brock filed a petition for compensation on December 15, 2015, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 20, 2014. The respondent, represented by Althea Walker Davis of the U.S.
Department of Justice, filed a Rule 4(c) report conceding that Ms. Brock's alleged injury was consistent with SIRVA, was caused-in-fact by the flu vaccine, and that she suffered sequelae for more than six months.
Based on this concession, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 6, 2016, finding Ms. Brock entitled to compensation.
Subsequently, on August 23, 2016, the respondent filed a proffer agreeing to an award of $60,000.00, which petitioner accepted. Ms.
Brock was represented by Maximillian J. Muller of Muller Brazil, LLP.
On November 1, 2016, Chief Special Master Dorsey issued a decision awarding Ms. Brock a lump sum payment of $60,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments undertaken.
Theory of causation
Petitioner Tonya Brock alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 20, 2014. The respondent conceded that the injury was consistent with SIRVA, was caused-in-fact by the vaccine, and resulted in sequelae lasting more than six months. The public text does not specify the medical mechanism, expert testimony, or specific diagnostic findings. Chief Special Master Nora Beth Dorsey ruled on entitlement on May 6, 2016, based on the respondent's concession. A subsequent proffer on August 23, 2016, agreed to a $60,000.00 award, which was accepted by the petitioner and formalized in a decision by Chief Special Master Dorsey on November 1, 2016. The award was a lump sum payment of $60,000.00. Petitioner was represented by Maximillian J. Muller, and respondent by Althea Walker Davis.
Source PDFs
USCOURTS-cofc-1_15-vv-01516