Lonne Martinec v. HHS - Influenza, right shoulder bursitis (2018)

Filed 2017-12-20Decided 2018-03-20Vaccine Influenza
compensated$55,000

Case summary [AI summaries can sometimes make mistakes]

Lonne Martinec filed a petition for vaccine compensation on March 2, 2017, alleging that her October 5, 2015, influenza vaccination caused her to develop right shoulder bursitis. Ms.

Martinec further alleged that she experienced residual effects of her injury for more than six months and that there had been no prior award or settlement of a civil action for damages related to her condition. The respondent denied that the influenza vaccine caused Ms.

Martinec's alleged right shoulder bursitis and residual effects, or any other injury. Despite this denial, the parties filed a joint stipulation on December 20, 2017, agreeing to settle the case and award compensation.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Ms.

Martinec was awarded a lump sum of $55,000.00, payable by check to her. This amount represents compensation for all damages available under the National Vaccine Injury Compensation Program.

The decision was issued on March 20, 2018. Petitioner was represented by Nancy Routh Meyers of Ward Black Law, and respondent was represented by Voris Edward Johnson of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

The case proceeded as a Table claim, as the influenza vaccine is listed on the Vaccine Injury Table.

Theory of causation

Petitioner Lonne Martinec alleged that her October 5, 2015, influenza vaccination caused her to develop right shoulder bursitis, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation agreeing to settle the case, and Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $55,000.00. The case proceeded as a Table claim, as the influenza vaccine is listed on the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. Petitioner was represented by Nancy Routh Meyers, and respondent was represented by Voris Edward Johnson. The decision date was March 20, 2018, following the stipulation filed on December 20, 2017.

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