Heather O’keefe v. HHS - Influenza, shoulder injury related to vaccine administration (2018)
Case summary [AI summaries can sometimes make mistakes]
Heather O’Keefe filed a petition on December 29, 2016, alleging that an October 20, 2015 influenza vaccination caused her to develop Shoulder Injury Related to Vaccine Administration (SIRVA) with residual effects lasting more than six months. The respondent denied that the flu vaccine caused her injury or any other condition.
Despite the denial, the parties filed a joint stipulation on November 14, 2017, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding Heather O’Keefe a lump sum of $75,000.00.
This amount included $74,045.37 for pain and suffering and $954.63 for past unreimbursed medical expenses. The decision was finalized on March 9, 2018.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by Danielle Strait of Maglio Christopher & Toale, PA, and respondent was represented by Alexis B.
Babcock of the U.S. Department of Justice.
Theory of causation
Petitioner Heather O’Keefe alleged that an October 20, 2015 influenza vaccination caused Shoulder Injury Related to Vaccine Administration (SIRVA) with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation. The Special Master adopted the stipulation, awarding $75,000.00 ($74,045.37 for pain and suffering, $954.63 for past unreimbursed medical expenses). The theory of causation was considered "Off-Table." The public decision does not name specific medical experts or detail the mechanism of injury. The decision was signed by Chief Special Master Nora Beth Dorsey on November 14, 2017, and finalized on March 9, 2018. Petitioner counsel was Danielle Strait, and respondent counsel was Alexis B. Babcock.
Source PDFs
USCOURTS-cofc-1_16-vv-01705