Linda K. Russell v. HHS - Influenza, shoulder injury related to vaccine administration (2017)
Case summary [AI summaries can sometimes make mistakes]
Linda K. Russell filed a petition for compensation under the National Vaccine Injury Compensation Program on November 17, 2016, on behalf of herself.
She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 19, 2013. Ms.
Russell stated that the vaccine was administered in the United States and that she experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her alleged shoulder injury or any other condition.
Despite the respondent's denial, the parties filed a joint stipulation for damages on November 16, 2016. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
Ms. Russell was awarded $105,529.92 as compensation for all items of damages available under the Vaccine Act.
The decision was issued on March 2, 2017. Petitioner's counsel was Daniel Leeper of Leeper & Leeper, and respondent's counsel was Jennifer Reynaud of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Linda K. Russell alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 19, 2013. The respondent denied that the flu vaccine caused the alleged injury. The parties filed a joint stipulation for damages, and the Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner $105,529.92. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement to settle. The award covers all damages available under the Vaccine Act. The decision date was March 2, 2017. Petitioner was represented by Daniel Leeper, and respondent by Jennifer Reynaud.
Source PDFs
USCOURTS-cofc-1_16-vv-00460