Gary Friedland v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Gary Friedland filed a petition for compensation under the National Vaccine Injury Compensation Program on February 16, 2016, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 19, 2014. The case was assigned to the Special Processing Unit.
Respondent filed a Rule 4(c) Report and Proffer on Damages on July 15, 2016, indicating that Mr. Friedland should be awarded $96,522.75 and that he agreed with this proffered award.
A ruling on entitlement had previously been issued, finding Mr. Friedland entitled to compensation for his SIRVA.
Based on the record and the proffer, Chief Special Master Nora Beth Dorsey awarded Mr. Friedland a lump sum payment of $96,522.75.
This amount represents compensation for all damages available under the Vaccine Act. Petitioner was represented by John R.
Howie, Jr. of Howie Law, PC, and respondent was represented by Althea Walker Davis of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Gary Friedland alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 19, 2014. The case proceeded to a damages decision based on a stipulation/proffer. A ruling on entitlement had previously found petitioner entitled to compensation for SIRVA. Respondent filed a Rule 4(c) Report and Proffer on Damages on July 15, 2016, proposing an award of $96,522.75, which petitioner accepted. Chief Special Master Nora Beth Dorsey issued a decision awarding this lump sum amount on October 3, 2016. The specific mechanism of injury, expert testimony, or other details of the causation theory are not described in the public decision, but the outcome falls under the "Table" category for SIRVA. Petitioner was represented by John R. Howie, Jr., and respondent by Althea Walker Davis.
Source PDFs
USCOURTS-cofc-1_16-vv-00228