Turmak Davis v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Turmak Davis filed a petition for compensation under the National Vaccine Injury Compensation Program on November 23, 2016, alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 3, 2015. The respondent filed a Rule 4(c) report conceding entitlement, agreeing that the injury was consistent with SIRVA and caused in fact by the flu vaccine.
Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 23, 2016, finding Mr. Davis entitled to compensation.
Subsequently, on May 4, 2018, the respondent filed a proffer recommending an award of $87,661.57. This amount comprised $82,500.00 for past and future pain and suffering and $5,161.57 for past out-of-pocket medical expenses.
Mr. Davis agreed with this proffered award.
Chief Special Master Dorsey issued a decision on September 5, 2018, awarding the lump sum of $87,661.57 to Turmak Davis, payable by check. The decision noted that this amount represented compensation for all damages available under § 300aa-15(a).
Petitioner counsel was Leah Durant of the Law Offices of Leah V. Durant, PLLC, and respondent counsel was Debra Begley (later Debra A.
Filteau Begley) of the U.S. Department of Justice.
Theory of causation
Petitioner Turmak Davis alleged a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on November 3, 2015. The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA and caused in fact by the vaccine. The specific mechanism of injury and any expert testimony are not detailed in the provided public text. The case proceeded to a damages decision based on a stipulation. Chief Special Master Nora Beth Dorsey ruled on entitlement on November 23, 2016, finding petitioner entitled to compensation. On May 4, 2018, respondent proffered an award of $87,661.57, consisting of $82,500.00 for past and future pain and suffering and $5,161.57 for past out-of-pocket medical expenses, which petitioner accepted. Chief Special Master Dorsey issued a decision awarding this lump sum on September 5, 2018. Petitioner was represented by Leah Durant and respondent by Debra Begley/Debra A. Filteau Begley.
Source PDFs
USCOURTS-cofc-1_16-vv-01028