Rodney Blankenship v. HHS - Influenza, left shoulder and arm pain and limited range of motion (2018)

Filed 2018-01-31Decided 2018-04-06Vaccine Influenza
compensated$70,000

Case summary [AI summaries can sometimes make mistakes]

Rodney Blankenship filed a petition for compensation under the National Vaccine Injury Compensation Program on December 5, 2016, alleging that he suffered left shoulder and arm pain and a limited range of motion as a result of an influenza vaccine received on October 16, 2014. He further alleged that the residual effects of this injury lasted for more than six months.

The respondent denied that the flu vaccine caused his injury or any other injury or current condition. Despite the denial, on January 31, 2018, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Rodney Blankenship was awarded a lump sum of $70,000.00, payable to him by check.

This amount represents compensation for all items of damages available under the Vaccine Act. The decision was entered on April 6, 2018.

Edward M. Kraus represented the petitioner, and Althea Walker Davis represented the respondent.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation

Petitioner Rodney Blankenship alleged that an influenza vaccine administered on October 16, 2014, caused left shoulder and arm pain and limited range of motion, with residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Nora Beth Dorsey. The stipulation did not detail a specific theory of causation or name any medical experts. The award was a lump sum of $70,000.00, representing compensation for all damages available under the Vaccine Act. The decision date was April 6, 2018, based on a stipulation filed January 31, 2018. Petitioner's counsel was Edward M. Kraus, and respondent's counsel was Althea Walker Davis.

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