Diana Malick v. HHS - Influenza, left rotator cuff tendonitis / shoulder injury related to vaccine administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
On August 25, 2016, Diana Malick filed a Vaccine Program petition alleging that an influenza vaccination caused a shoulder injury related to vaccine administration. The stipulation materials identify the alleged condition more specifically as left rotator cuff tendonitis/SIRVA, but the public decision does not state the date of vaccination.
The available public record is limited to a joint stipulation decision. It says Malick alleged that the flu vaccine was administered in the United States, that she experienced residual effects for more than six months, and that no prior civil settlement or award had compensated the condition.
Respondent denied that the flu immunization caused her alleged left rotator cuff tendonitis or any other injury or condition. The parties filed a joint stipulation on June 29, 2017.
Chief Special Master Nora Beth Dorsey found it reasonable and adopted it the same day. Malick was awarded a lump sum of $80,000.00, payable to her, representing all damages available under section 15(a).
She was represented by Lawrence R. Cohan of Anapol Weiss in Philadelphia.
Theory of causation
Influenza vaccine (date not stated in available public decision) alleged to cause left rotator cuff tendonitis/shoulder injury related to vaccine administration (SIRVA) with residual effects more than six months. COMPENSATED by joint stipulation. Respondent denied that flu immunization caused left rotator cuff tendonitis or any other injury/condition; public stipulation contains limited clinical facts. Chief Special Master Nora Beth Dorsey adopted the stipulation on June 29, 2017. Award: $80,000.00 lump sum payable to Diana Malick. Attorney: Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA.
Source PDFs
USCOURTS-cofc-1_16-vv-01054