Timothy Neel v. HHS - Influenza, chronic left shoulder injury (2017)
Case summary [AI summaries can sometimes make mistakes]
Timothy Neel filed a petition for compensation under the National Vaccine Injury Compensation Program on November 22, 2016, alleging that the influenza vaccine he received on October 22, 2014, resulted in a chronic left shoulder injury, also known as SIRVA. Mr.
Neel stated that he received the vaccination in the United States and suffered residual effects for more than six months. The respondent denied that the flu vaccine caused the alleged SIRVA or any other injury.
Despite the respondent's denial, the parties filed a joint stipulation on November 22, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.
Timothy Neel was awarded a lump sum of $67,500.00 as compensation for all items of damages available under the Vaccine Act. The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests, treatments, or expert witnesses.
Petitioner counsel was Dustin Lujan and Richard Gage, P.C. Respondent counsel was Lara Englund.
Theory of causation
Petitioner Timothy Neel alleged that an influenza vaccine received on October 22, 2014, caused a chronic left shoulder injury (SIRVA). The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The public text does not specify the mechanism of injury, expert testimony, or detailed medical evidence. The award was a lump sum of $67,500.00. The theory of causation is based on the "Table" as indicated by the provided database fields, but the specific table entry is not detailed in the public text. Petitioner counsel: Dustin Lujan, Richard Gage, P.C. Respondent counsel: Lara Englund. Decision date: March 3, 2017.
Source PDFs
USCOURTS-cofc-1_16-vv-00096