Julia Franklin v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)

Filed 2016-12-01Decided 2017-12-19Vaccine Influenza
compensated$80,774

Case summary [AI summaries can sometimes make mistakes]

On December 1, 2016, Julia Franklin filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 19, 2015. The respondent, the Secretary of Health and Human Services, did not contest entitlement to compensation.

In a report filed on July 25, 2017, the respondent stated that the petitioner's alleged injury was consistent with SIRVA caused by the flu vaccination and that she met the statutory requirement of suffering her condition for more than six months. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 25, 2017, finding Ms.

Franklin entitled to compensation. Subsequently, on December 18, 2017, the respondent filed a proffer on the award of compensation.

The respondent proposed an award of $80,000.00 for past and future pain and suffering and $774.10 for past unreimbursed medical expenses, totaling $80,774.10. The petitioner agreed with this proposed award.

On December 19, 2017, Chief Special Master Nora Beth Dorsey issued a decision awarding Ms. Franklin a lump sum payment of $80,774.10, representing the agreed-upon amounts for pain and suffering and medical expenses.

Petitioner counsel was Ronald C. Homer of Conway, Homer, P.C.

Respondent counsel was Debra A. Filteau Begley of the U.S.

Department of Justice.

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