Dale Maclaughlin v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Dale Maclaughlin filed a petition for compensation under the National Vaccine Injury Compensation Program on January 13, 2017, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 2, 2015. The respondent, represented by Robert Paul Coleman, III of the U.S.
Department of Justice, filed a Rule 4(c) report conceding that petitioner's SIRVA was caused-in-fact by the flu vaccination administered in his right arm on October 2, 2015, and that petitioner met all legal prerequisites for compensation. Petitioner was represented by Elizabeth Martin Muldowney of Sands Anderson PC.
Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 16, 2018, finding petitioner entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on June 12, 2018, Chief Special Master Dorsey issued a decision awarding damages.
The respondent had proffered an award of $95,000.00, which the petitioner agreed to. The decision stated that the petitioner was awarded a lump sum payment of $95,000.00, payable by check to Dale Maclaughlin, representing compensation for all damages available under § 300aa-15(a).
The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury beyond the general category of SIRVA. No specific medical experts were named in the provided text.
Theory of causation
Petitioner Dale Maclaughlin alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 2, 2015. The respondent conceded that the SIRVA was caused-in-fact by the vaccination and that petitioner met all legal prerequisites for compensation. The public text does not specify the medical mechanism of injury, any named medical experts, or the specific evidence supporting the causation theory beyond the respondent's concession. The case resulted in a compensated outcome. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 16, 2018, and a decision awarding damages on June 12, 2018. The award was a lump sum of $95,000.00. Attorneys involved were Elizabeth Martin Muldowney for the petitioner and Robert Paul Coleman, III for the respondent. The theory of causation is considered "Off-Table" as it is not explicitly listed on the Vaccine Injury Table, but was established through concession.
Source PDFs
USCOURTS-cofc-1_17-vv-00057