Robin Flick v. HHS - Influenza, shoulder injury related to vaccine administration (2017)
Case summary [AI summaries can sometimes make mistakes]
Robin Flick filed a petition for compensation under the National Vaccine Injury Compensation Program on September 16, 2016, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 9, 2015. The respondent, represented by Darryl Wishard of the U.S.
Department of Justice, filed a Rule 4(c) report conceding that the petitioner's injury was consistent with SIRVA and was caused-in-fact by the flu vaccine. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 5, 2016, finding Robin Flick entitled to compensation based on the respondent's concession.
Subsequently, on November 3, 2016, the respondent filed a proffer recommending an award of $180,000.00, representing all elements of compensation under the Vaccine Act. Robin Flick, represented by Michael McLaren of Black McLaren, et al., PC, agreed with this proffered award.
On February 16, 2017, Chief Special Master Nora Beth Dorsey issued a decision awarding Robin Flick a lump sum payment of $180,000.00, payable by check to the petitioner. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Robin Flick alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on November 9, 2015. The respondent conceded that the injury was consistent with SIRVA and was caused-in-fact by the vaccine. The public text does not detail the specific mechanism of injury, expert testimony, or diagnostic findings. Chief Special Master Nora Beth Dorsey ruled on entitlement on October 5, 2016, based on the respondent's concession. A proffer on award of compensation was filed on November 3, 2016, recommending $180,000.00 for all elements of compensation under 42 U.S.C. § 300aa-15(a), which petitioner accepted. A decision awarding this lump sum was issued on February 16, 2017. Attorneys for petitioner were Michael McLaren, et al., and for respondent was Darryl Wishard.
Source PDFs
USCOURTS-cofc-1_16-vv-01156