Elizabeth Trunk v. HHS - Influenza, left shoulder injury (2017)

Filed 2016-10-20Decided 2017-12-11Vaccine Influenza
compensated$95,287

Case summary [AI summaries can sometimes make mistakes]

Elizabeth Trunk filed a petition for compensation under the National Vaccine Injury Compensation Program on October 20, 2016, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 7, 2015. The respondent, represented by Linda Renzi of the U.S.

Department of Justice, conceded entitlement to compensation. In a ruling on entitlement issued on March 9, 2017, Chief Special Master Nora Beth Dorsey found that the respondent agreed the flu vaccination caused petitioner's left shoulder injury and that the statutory six-month sequela requirement was met.

Subsequently, on May 5, 2017, the respondent filed a proffer on the award of compensation, proposing an award of $95,287.90, which the petitioner agreed to. Chief Special Master Dorsey issued a decision on December 11, 2017, awarding Elizabeth Trunk a lump sum payment of $95,287.90, representing compensation for all damages available under the Vaccine Act.

The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation

Petitioner Elizabeth Trunk alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 7, 2015. The respondent conceded entitlement, agreeing that the flu vaccination caused the shoulder injury and that the statutory six-month sequela requirement was met. The case proceeded to an award based on a proffer. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 9, 2017, and a decision awarding damages on December 11, 2017. The award was a lump sum of $95,287.90, representing all damages under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Paul Brazil of Muller Brazil, LLP, and respondent was represented by Linda Renzi of the U.S. Department of Justice. The public text does not specify the mechanism of injury or name any experts.

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