Lillian Barna v. HHS - Influenza, frozen shoulder (2018)
Case summary [AI summaries can sometimes make mistakes]
Lillian Barna filed a petition for compensation under the National Vaccine Injury Compensation Program on July 25, 2016, alleging that she suffered a frozen shoulder causally related to an influenza vaccine received on October 6, 2015. Ms.
Barna stated that she received the vaccination in the United States and suffered residual effects of her injury for more than six months. She also affirmed that neither she nor anyone else had filed a lawsuit or accepted a settlement or award for her alleged vaccine-caused injury.
The Secretary of Health and Human Services, respondent, denied that the flu vaccine caused petitioner to suffer from a shoulder injury or any other injury. Despite the denial, on November 13, 2017, the parties filed a joint stipulation agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Lillian Barna was awarded a lump sum of $60,000.00, payable to petitioner, as compensation for all items of damages.
The decision was issued on February 28, 2018. Petitioner was represented by Franklin John Caldwell, Jr. of Maglio Christopher & Toale, PA, and respondent was represented by Douglas Ross of the U.S.
Department of Justice.
Theory of causation
Petitioner Lillian Barna alleged that she suffered a frozen shoulder causally related to an influenza vaccine administered on October 6, 2015. Respondent denied causation. The parties filed a joint stipulation on November 13, 2017, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury onset or progression, diagnostic tests, or treatments. The award was a lump sum of $60,000.00 for all items of damages. The decision date was February 28, 2018. Petitioner's counsel was Franklin John Caldwell, Jr. of Maglio Christopher & Toale, PA, and respondent's counsel was Douglas Ross of the U.S. Department of Justice.
Source PDFs
USCOURTS-cofc-1_16-vv-00879