Christina Jelic v. HHS - Influenza, left shoulder injury (2018)

Filed 2016-09-14Decided 2018-02-15Vaccine Influenza
compensated$111,713

Case summary [AI summaries can sometimes make mistakes]

Christina Jelic filed a petition for compensation under the National Vaccine Injury Compensation Program on September 14, 2016, alleging a left shoulder injury resulting from an influenza vaccine received on October 28, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that petitioner's injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that it was caused-in-fact by the flu vaccine.

The respondent also agreed that no other causes for the SIRVA were identified and that the statutory six-month sequela requirement had been satisfied. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 30, 2017, finding petitioner entitled to compensation.

Subsequently, on October 30, 2017, the respondent filed a combined Rule 4 report and proffer on the award of compensation, indicating that petitioner should be awarded $111,713.14 and that petitioner agreed with this proffered award. Chief Special Master Dorsey issued a decision awarding damages on February 15, 2018, awarding petitioner a lump sum payment of $111,713.14, payable to Christina Jelic, representing compensation for all available damages.

Petitioner's counsel was Ronald Craig Homer of Conway, Homer, P.C., and respondent's counsel was Robert Paul Coleman, III, of the U.S. Department of Justice.

The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the mechanism of injury.

Theory of causation

Petitioner Christina Jelic alleged a left shoulder injury after receiving an influenza vaccine on October 28, 2013. The respondent conceded that the injury was consistent with a Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused-in-fact by the influenza vaccine. No other causes were identified, and the statutory sequela requirement was met. The case resulted in a compensated outcome. The specific mechanism of injury and any expert testimony are not described in the public decision. The award was a stipulated amount of $111,713.14. The decision on entitlement was issued by Chief Special Master Nora Beth Dorsey on October 30, 2017, and the decision awarding damages was issued on February 15, 2018. Petitioner's counsel was Ronald Craig Homer, and respondent's counsel was Robert Paul Coleman, III. The theory of causation is considered off-Table.

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