Pella Parker v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
Pella Parker filed a petition for compensation on April 5, 2016, alleging that an influenza vaccine administered on October 16, 2013, caused her to suffer right shoulder injuries. The case was assigned to the Special Processing Unit.
On February 16, 2017, the respondent filed a Rule 4(c) report conceding that petitioner's alleged injury was consistent with shoulder injury related to vaccine administration (SIRVA) and was caused in fact by the flu vaccine received on or about October 16, 2013. The respondent also agreed that no other causes for the petitioner's injury were identified and that the records showed the injury's sequelae lasted more than six months.
Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on February 17, 2017, finding Pella Parker entitled to compensation. Subsequently, on May 8, 2017, the respondent filed a proffer recommending an award of $90,960.00, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a).
Petitioner agreed with the proffered award. Chief Special Master Dorsey issued a Decision Awarding Damages on May 8, 2017, awarding Pella Parker a lump sum payment of $90,960.00 in the form of a check payable to her.
Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Traci R.
Patton of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments undertaken by the petitioner.
Theory of causation
Petitioner Pella Parker alleged that an influenza vaccine administered on October 16, 2013, caused her to suffer right shoulder injuries, consistent with Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded that the injury was caused in fact by the flu vaccine and that no other causes were identified. The injury's sequelae lasted over six months. The case was assigned to the Special Processing Unit. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on February 17, 2017, finding petitioner entitled to compensation. On May 8, 2017, Chief Special Master Dorsey issued a Decision Awarding Damages based on a stipulation/proffer, awarding petitioner a lump sum of $90,960.00 for all damages. Petitioner was represented by Maximillian J. Muller (Muller Brazil, LLP), and respondent was represented by Traci R. Patton (U.S. Department of Justice). The specific mechanism of injury, medical experts, and detailed clinical findings are not described in the provided public text.
Source PDFs
USCOURTS-cofc-1_16-vv-00433