Harriet Paul v. HHS - Influenza, left shoulder injury related to vaccine administration (2018)
Case summary [AI summaries can sometimes make mistakes]
Harriet Paul filed a petition for compensation under the National Vaccine Injury Compensation Program on January 26, 2017, alleging that she received an influenza vaccine on November 20, 2015, and subsequently suffered from a left shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 28, 2017, conceding that the evidence established the injury to petitioner's left shoulder was caused-in-fact by the flu vaccine and that petitioner met all legal prerequisites for compensation.
Based on the respondent's concession, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on August 31, 2017, finding Harriet Paul entitled to compensation. Subsequently, on November 7, 2017, the respondent filed a proffer on award of compensation, recommending $75,595.05, which petitioner agreed to.
On May 31, 2018, Chief Special Master Dorsey awarded Harriet Paul a lump sum payment of $75,595.05, representing compensation for all available damages. Petitioner was represented by Joseph Alexander Vuckovich of Maglio Christopher & Toale, PA, and respondent was represented by Daniel Anthony Principato of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.
Theory of causation
Petitioner Harriet Paul alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on November 20, 2015. The respondent conceded that the evidence established the injury was caused-in-fact by the vaccine and that petitioner met all legal prerequisites for compensation. The case proceeded on a concession of causation-in-fact, without specific discussion of an "off-Table" theory or named experts in the provided public text. The Special Master found petitioner entitled to compensation on August 31, 2017. A subsequent proffer on award of compensation, agreed to by petitioner, was filed by the respondent on November 7, 2017, recommending $75,595.05. Chief Special Master Nora Beth Dorsey awarded Harriet Paul a lump sum of $75,595.05 on May 31, 2018. Petitioner's counsel was Joseph Alexander Vuckovich, and respondent's counsel was Daniel Anthony Principato.
Source PDFs
USCOURTS-cofc-1_17-vv-00117