Neely H. Cooke v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
Neely H. Cooke filed a petition for compensation under the National Vaccine Injury Compensation Program on October 20, 2016, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination received on October 24, 2013.
The case was assigned to the Special Processing Unit. A ruling on entitlement was issued on February 3, 2017, finding Ms.
Cooke entitled to compensation for SIRVA. On March 29, 2017, the respondent filed a proffer on award of compensation, proposing an award of $70,000.00, which the petitioner agreed to.
Chief Special Master Nora Beth Dorsey issued a decision awarding petitioner a lump sum payment of $70,000.00, payable to Neely H. Cooke.
This amount is intended to cover all damages available under the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to the award amount.
Petitioner was represented by Temple Cabell of Cabell Law Firm, P.C., and respondent was represented by Kathryn Robinette of the U.S. Department of Justice.
The decision was issued on December 4, 2017.
Theory of causation
Petitioner Neely H. Cooke alleged a shoulder injury related to vaccine administration (SIRVA) following an October 24, 2013 influenza vaccination. The case proceeded as a Table claim. A ruling on entitlement found petitioner entitled to compensation for SIRVA. The parties stipulated to an award of $70,000.00, intended to cover all damages available under the Vaccine Act. Chief Special Master Nora Beth Dorsey issued the decision on December 4, 2017. Petitioner counsel was Temple Cabell, and respondent counsel was Kathryn Robinette. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical facts beyond the condition and vaccine.
Source PDFs
USCOURTS-cofc-1_16-vv-01373