Melinda Holgate v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
Melinda Holgate filed a petition for compensation under the National Vaccine Injury Compensation Program on November 29, 2016. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) in her right arm as a result of an influenza vaccination administered on September 29, 2015.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 28, 2016, conceding that Ms. Holgate is entitled to compensation.
The respondent concluded that the petitioner's alleged injury was consistent with SIRVA and was caused-in-fact by the September 29, 2015 flu vaccination. The respondent also agreed that Ms.
Holgate met all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey found that Melinda Holgate is entitled to compensation.
The case was to proceed to determine damages. Paul Brazil of Muller Brazil, LLP, represented the petitioner, and Linda Renzi of the U.S.
Department of Justice represented the respondent. The decision on entitlement was issued on March 7, 2017.
Theory of causation
Petitioner Melinda Holgate alleged a shoulder injury related to vaccine administration (SIRVA) in her right arm following an influenza vaccination on September 29, 2015. The respondent conceded entitlement, finding the injury consistent with SIRVA and caused-in-fact by the vaccination. The public text does not describe the specific mechanism of injury, expert testimony, or the petitioner's counsel, Paul Brazil, or respondent's counsel, Linda Renzi, beyond their representation. Chief Special Master Nora Beth Dorsey issued the ruling on entitlement on March 7, 2017, finding the petitioner entitled to compensation, with damages to be determined. This was an off-Table injury.
Source PDFs
USCOURTS-cofc-1_16-vv-00921