Donnie Jordan v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
Donnie Jordan filed a petition for compensation under the National Vaccine Injury Compensation Program on August 10, 2016, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of his September 11, 2015, influenza vaccination. The respondent, represented by Christine Mary Becer of the U.S.
Department of Justice, filed a Rule 4(c) report conceding that Mr. Jordan's injury was consistent with SIRVA and was caused-in-fact by the flu vaccine.
The respondent further agreed that the statutory six-month sequela requirement had been satisfied and concluded that the injury was compensable under the Act. On November 2, 2016, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Mr.
Jordan entitled to compensation based on the respondent's concession. Subsequently, on December 2, 2016, the respondent filed a proffer on the award of compensation, indicating that Mr.
Jordan should be awarded $70,000.00, representing all available damages, and that Mr. Jordan agreed with this proffered award.
On March 16, 2017, Chief Special Master Dorsey issued a decision awarding Mr. Jordan a lump sum payment of $70,000.00, payable by check to Donnie Jordan, as compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The petitioner was represented by John Robert Howie, Jr. of Howie Law, P.C. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.
Theory of causation
Petitioner Donnie Jordan alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 11, 2015. The respondent conceded that the injury was consistent with SIRVA and was caused-in-fact by the vaccine, satisfying the statutory sequela requirement. The case was decided based on this concession, with no specific medical experts or detailed causation mechanism described in the public text. Chief Special Master Nora Beth Dorsey ruled on entitlement on November 2, 2016, and awarded $70,000.00 on March 16, 2017, based on a stipulation and proffer between petitioner's counsel John Robert Howie, Jr. and respondent's counsel Christine Mary Becer. The award represents compensation for all available damages.
Source PDFs
USCOURTS-cofc-1_16-vv-00972