Alice Odom v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Alice Odom filed a petition under the National Vaccine Injury Compensation Program on February 10, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 3, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 19, 2017, conceding that Ms.
Odom's alleged injury was consistent with SIRVA, that the evidence established it was caused-in-fact by the flu vaccination, and that no other causes were identified. The respondent also agreed that the statutory six-month sequela requirement was satisfied and that Ms.
Odom met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 20, 2017, finding Ms.
Odom entitled to compensation. Subsequently, on August 25, 2017, the respondent filed a proffer on award of compensation, proposing an award of $66,000.00.
The proffer stated that Ms. Odom agreed with this proffered award, which represented compensation for all damages available under 42 U.S.C. § 300aa-15(a).
In a decision dated February 2, 2018, Chief Special Master Dorsey awarded Alice Odom a lump sum payment of $66,000.00, payable by check to Ms. Odom, representing compensation for all damages.
Petitioner was represented by Mary Coffey of Coffey & Nichols, LLC, and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.
Theory of causation
Petitioner Alice Odom alleged a shoulder injury related to vaccine administration (SIRVA) following an October 3, 2015, influenza vaccination. The respondent conceded that the injury was consistent with SIRVA, was caused-in-fact by the vaccination, and that no other causes were identified. The respondent also conceded the statutory sequela requirement was met and all legal prerequisites for compensation were satisfied. The case proceeded based on the respondent's concession. Chief Special Master Nora Beth Dorsey ruled on entitlement on July 20, 2017, finding Ms. Odom entitled to compensation. A subsequent decision on February 2, 2018, awarded Ms. Odom $66,000.00 as a lump sum payment, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). The specific medical mechanism, onset, symptoms, tests, or treatments were not described in the public decision. The theory of causation was based on the respondent's concession of SIRVA caused by the influenza vaccine, which is an "Off-Table" condition. Petitioner's counsel was Mary Coffey, and respondent's counsel was Ryan Daniel Pyles. Chief Special Master Nora Beth Dorsey presided over the case.
Source PDFs
USCOURTS-cofc-1_17-vv-00198