Martha Worlein v. HHS - Influenza, left rotator cuff tear (2017)
Case summary [AI summaries can sometimes make mistakes]
Martha Worlein filed a petition for compensation under the National Vaccine Injury Compensation Program on March 10, 2017, alleging that she developed a left rotator cuff tear as a result of her October 6, 2014 influenza vaccination. She further alleged that she experienced residual effects of the injury for more than six months.
The respondent denied that the influenza vaccine caused her injury. Nevertheless, the parties filed a joint stipulation for compensation.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Martha Worlein was awarded a lump sum of $125,000.00 as compensation for all items of damages.
Larry Gene Michel represented the petitioner, and Christine Mary Becer represented the respondent.
Theory of causation
Petitioner Martha Worlein alleged that her left rotator cuff tear was caused by her October 6, 2014 influenza vaccination. The respondent denied causation. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $125,000.00. The specific theory of causation, medical experts, clinical details of the injury onset, symptoms, diagnostic tests, and treatments are not described in the provided public text. The decision does not specify if the injury is recognized under the Vaccine Injury Table or if it was a "legally recognized" injury under 42 U.S.C. § 300aa-13(a)(1)(A).
Source PDFs
USCOURTS-cofc-1_16-vv-00364