Davika Lochan v. HHS - Influenza, shoulder injury (2018)
Case summary [AI summaries can sometimes make mistakes]
Davika Lochan filed a petition for compensation under the National Vaccine Injury Compensation Program on October 4, 2017, alleging that an influenza vaccine she received on October 20, 2014, resulted in a shoulder injury. Ms.
Lochan stated that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for her condition. The respondent denied that the flu vaccine caused her alleged shoulder injury.
The parties subsequently filed a joint stipulation on October 4, 2017, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.
Davika Lochan was awarded a lump sum of $40,000.00 as compensation for all items of damages, payable to her. The decision was issued on February 16, 2018.
Petitioner counsel was Maximillian J. Muller of Muller Brazil, LLP, and respondent counsel was Amy P.
Kokot of the U.S. Department of Justice.
Theory of causation
Petitioner Davika Lochan alleged that an influenza vaccine received on October 20, 2014, caused a shoulder injury. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. The Special Master found the stipulation reasonable and awarded compensation. The public decision does not describe the specific mechanism of injury, expert testimony, or the basis for the stipulation. The award was $40,000.00. The decision was issued by Chief Special Master Nora Beth Dorsey on February 16, 2018. Petitioner counsel was Maximillian J. Muller, and respondent counsel was Amy P. Kokot.
Source PDFs
USCOURTS-cofc-1_16-vv-00338