Jean Lallensack v. HHS - Influenza, right shoulder injury (2018)
Case summary [AI summaries can sometimes make mistakes]
Jean Lallensack filed a petition on January 25, 2017, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a right shoulder injury caused-in-fact by her influenza vaccination administered on October 23, 2014.
The case was assigned to the Special Processing Unit. On August 7, 2017, the respondent filed a Rule 4(c) report conceding that the evidence established that petitioner's right shoulder injury was caused-in-fact by the administration of the flu vaccine and was not due to unrelated factors.
The respondent also agreed that petitioner met the statutory six-month sequela requirement and that the injury was compensable. Based on the respondent's concession, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on August 9, 2017, finding Ms.
Lallensack entitled to compensation for a shoulder injury related to vaccine administration (SIRVA). Subsequently, on October 31, 2017, the respondent filed a proffer on award of compensation, stating that petitioner should be awarded $85,662.50 and that petitioner agreed with this amount.
Chief Special Master Dorsey issued a decision awarding damages on February 16, 2018, granting a lump sum payment of $85,662.50 to Jean Lallensack. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and the respondent was represented by Christine Mary Becer of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury beyond it being a SIRVA.
Theory of causation
Petitioner Jean Lallensack alleged a right shoulder injury caused-in-fact by her October 23, 2014, influenza vaccination. The respondent conceded that the evidence established that the injury was caused-in-fact by the vaccine administration and was not due to unrelated factors, and that the injury met the six-month sequela requirement. The injury was identified as a Shoulder Injury Related to Vaccine Administration (SIRVA). No specific medical experts were named in the public text, and the mechanism of injury beyond SIRVA was not detailed. The case resulted in a compensated outcome. A ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on August 9, 2017. A subsequent proffer on award of compensation was filed on October 31, 2017, by respondent, agreeing to an award of $85,662.50, which petitioner accepted. A decision awarding this lump sum payment was issued by Chief Special Master Dorsey on February 16, 2018. Petitioner's counsel was Ronald Craig Homer, and respondent's counsel was Christine Mary Becer.
Source PDFs
USCOURTS-cofc-1_17-vv-00112