Jean Meizel v. HHS - Influenza, shoulder injury related to vaccine administration (2018)
Case summary [AI summaries can sometimes make mistakes]
Jean Meizel filed a petition for compensation under the National Vaccine Injury Compensation Program on January 27, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a trivalent influenza vaccine on August 25, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 6, 2016, conceding that Ms.
Meizel's alleged injury was consistent with SIRVA and was caused in fact by the flu vaccine she received. Based on this concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on June 6, 2016, finding Ms.
Meizel entitled to compensation. Subsequently, on February 21, 2017, the respondent filed a proffer on the award of compensation, recommending an award of $125,000.00.
The petitioner, identified as a competent adult, agreed with this proffered award. On May 8, 2018, Chief Special Master Dorsey issued a decision awarding Jean Meizel a lump sum payment of $125,000.00, representing compensation for all elements of damages available under the Vaccine Act.
Ronald Homer of Conway, Homer & Chin-Caplan, P.C. represented the petitioner, and Debra Begley of the U.S. Department of Justice represented the respondent.
The public decision does not describe the specific onset, symptoms, medical tests, or treatments related to Ms. Meizel's injury, nor does it name any medical experts.
Theory of causation
Petitioner Jean Meizel received a trivalent influenza vaccine on August 25, 2014, and alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA and was caused in fact by the vaccine. The case proceeded to an award of compensation based on this concession. The theory of causation is based on the Vaccine Injury Table. The respondent's Rule 4(c) Report filed June 6, 2016, conceded entitlement. A decision awarding damages was issued on May 8, 2018, based on a proffer filed February 21, 2017. Petitioner was awarded a lump sum of $125,000.00. Petitioner's counsel was Ronald Homer. Respondent's counsel was Debra Begley. Chief Special Master Nora Beth Dorsey presided over the case. The public decision does not detail the specific mechanism of injury or name any medical experts.
Source PDFs
USCOURTS-cofc-1_16-vv-00130