Linda King v. HHS - Influenza, shoulder injury related to vaccine administration (2018)

Filed 2017-12-07Decided 2018-09-05Vaccine Influenza
compensated$71,061

Case summary [AI summaries can sometimes make mistakes]

Linda King filed a petition for compensation under the National Vaccine Injury Compensation Program on March 13, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 11, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 7, 2017, conceding that Ms.

King was entitled to compensation. The respondent agreed that her alleged shoulder injury was consistent with SIRVA and was factually caused by the flu vaccine she received on October 11, 2015.

Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on December 7, 2017, finding Ms. King entitled to compensation.

Subsequently, on May 24, 2018, the respondent filed a proffer on the award of compensation. The parties agreed to a total award of $71,061.38, which included a lump sum payment of $70,000.00 for all damages and an additional $1,061.38 to satisfy a WellCare Medicaid lien.

Chief Special Master Dorsey issued a decision awarding damages on September 5, 2018, in accordance with the proffer. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Petitioner counsel was Ronald Craig Homer of Conway, Homer, P.C., and respondent counsel was Colleen Clemons Hartley of the U.S. Department of Justice.

Theory of causation

Petitioner Linda King alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 11, 2015. The respondent conceded entitlement, agreeing the injury was consistent with SIRVA and caused in fact by the vaccine. The theory of causation is considered off-Table. No specific medical experts were named in the public text. The case resulted in a concession of entitlement and an award of $70,000.00 for all damages, plus $1,061.38 to satisfy a WellCare Medicaid lien, for a total award of $71,061.38. The Ruling on Entitlement was issued by Chief Special Master Nora Beth Dorsey on December 7, 2017, and the final Decision Awarding Damages was issued on September 5, 2018. Petitioner's counsel was Ronald Craig Homer, and respondent's counsel was Colleen Clemons Hartley.

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