Julia Franklin v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
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 March 15, 2018, 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.
Theory of causation
Petitioner Julia Franklin alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 19, 2015. The respondent did not contest entitlement, stating the injury was consistent with SIRVA caused by the flu vaccine and that the petitioner met statutory requirements. The case proceeded to an award based on a proffer filed by the respondent on December 18, 2017, and agreed to by the petitioner. The Special Master's ruling on entitlement was issued on July 25, 2017, and the decision awarding damages was issued on March 15, 2018. The award totaled $80,774.10, consisting of $80,000.00 for past and future pain and suffering and $774.10 for past unreimbursed medical expenses. The theory of causation was based on the "Table" for SIRVA, as the respondent did not contest the claim. No specific medical experts or detailed causation mechanisms were described in the provided public text. Petitioner was represented by Ronald C. Homer, and respondent was represented by Debra A. Filteau Begley. Chief Special Master Nora Beth Dorsey presided over the case.
Source PDFs
USCOURTS-cofc-1_16-vv-01598