D.R. v. HHS - Influenza, left shoulder injury (2017)
Case summary [AI summaries can sometimes make mistakes]
Petitioner D.R. filed a petition for compensation under the National Vaccine Injury Compensation Program on June 29, 2016, alleging a left shoulder injury caused by an influenza vaccination received on August 23, 2015. The case was assigned to the Special Processing Unit.
On September 9, 2016, the respondent filed a Rule 4(c) report conceding that the evidence established the left shoulder injury was caused by the August 23, 2015 flu vaccine and that the injury was compensable under the Vaccine Act, satisfying the six-month sequela requirement. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 13, 2016, finding D.R. entitled to compensation.
Subsequently, on September 26, 2016, the respondent filed a proffer on award of compensation, recommending an award of $100,000.00, which petitioner D.R. agreed to. Chief Special Master Dorsey issued a decision on February 21, 2017, awarding D.R. a lump sum payment of $100,000.00, representing compensation for all damages available under the Vaccine Act.
Petitioner was represented by Amber Diane Wilson of Maglio Christopher and Toale, PA, and respondent was represented by Christine Mary Becer of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.
Theory of causation
Petitioner D.R. alleged a left shoulder injury caused-in-fact by an August 23, 2015, influenza vaccination. The respondent conceded that the evidence established the injury was caused by the flu vaccine and was compensable under the Vaccine Act, satisfying the six-month sequela requirement. The case was decided based on this concession. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 13, 2016, finding petitioner entitled to compensation. A subsequent decision on February 21, 2017, awarded petitioner a lump sum of $100,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a), as agreed upon in a proffer filed by the respondent on September 26, 2016. Petitioner was represented by Amber Diane Wilson and respondent by Christine Mary Becer. The specific theory of causation, medical experts, or mechanism of injury were not detailed in the public decision, as the case was resolved by concession.
Source PDFs
USCOURTS-cofc-1_16-vv-00770