Alicia Debusca v. HHS - Influenza, severe right shoulder pain (2018)
Case summary [AI summaries can sometimes make mistakes]
Alicia Debusca filed a petition on March 13, 2017, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she received an influenza ("flu") vaccination on or about October 23, 2014, and subsequently suffered severe right shoulder pain, with residual effects lasting more than six months.
The respondent denied that the flu vaccine caused the alleged injury or any other injury. The parties, however, filed a joint stipulation on May 29, 2018, agreeing to settle the case.
The stipulation noted that the influenza vaccine is contained in the Vaccine Injury Table. Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court.
Pursuant to the stipulation, Alicia Debusca was awarded a lump sum of $55,000.00, payable to her, as compensation for all items of damages available under the Vaccine Act. This award represents a compromise of the parties' respective positions on liability and damages.
Petitioner was represented by Randall G. Knutson of Knutson & Casey Law Firm.
Respondent was represented by Glenn Alexander MacLeod of the U.S. Department of Justice.
Theory of causation
Petitioner Alicia Debusca alleged that a flu vaccine received on or about October 23, 2014, caused severe right shoulder pain and residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation agreeing to settle the case, acknowledging that the influenza vaccine is on the Vaccine Injury Table. The case was resolved via stipulation, with Chief Special Master Nora Beth Dorsey awarding $55,000.00 as a lump sum. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. Petitioner was represented by Randall G. Knutson, and respondent by Glenn Alexander MacLeod. The award represents a compromise of liability and damages.
Source PDFs
USCOURTS-cofc-1_17-vv-00341