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 May 11, 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.