Helen McElroy v. HHS - Influenza, left shoulder subacromial bursitis and rotator cuff tendonitis (2018)
Case summary [AI summaries can sometimes make mistakes]
On December 5, 2016, Helen McElroy filed a Vaccine Program petition after receiving an influenza vaccine on November 2, 2015. She alleged that the flu shot caused left shoulder subacromial bursitis and rotator cuff tendonitis, and the case proceeded in the Special Processing Unit.
Respondent conceded entitlement in a Rule 4(c) report filed March 9, 2018. The report stated that McElroy's alleged injury was consistent with a shoulder injury related to vaccine administration, or SIRVA, caused by the flu vaccination.
Respondent also agreed that no other cause had been identified, that McElroy suffered residual effects for more than six months, and that she satisfied the legal prerequisites for compensation. Chief Special Master Nora Beth Dorsey granted entitlement on March 9, 2018 and issued a damages decision the same day.
McElroy was awarded a lump sum of $83,480.00, payable to her, consisting of $82,500.00 for actual and projected pain and suffering and $980.00 for past unreimbursable expenses. She was represented by John Caldwell of Maglio Christopher & Toale, PA.
Theory of causation
Influenza vaccine (November 2, 2015) causing left shoulder subacromial bursitis and rotator cuff tendonitis/SIRVA. COMPENSATED. Respondent conceded causation-in-fact, stating the alleged injury was consistent with SIRVA caused by flu vaccination; no other cause identified, residual effects more than six months, legal prerequisites satisfied. Chief Special Master Nora Beth Dorsey granted entitlement and damages on March 9, 2018. Award: $83,480.00 lump sum payable to Helen McElroy ($82,500.00 actual/projected pain and suffering + $980.00 past unreimbursable expenses). Attorney: John Caldwell, Maglio Christopher & Toale, PA, Sarasota, FL.
Source PDFs
USCOURTS-cofc-1_16-vv-01605