Penny Lynn Burke v. HHS - Influenza, right shoulder injury (2019)
Case summary [AI summaries can sometimes make mistakes]
Penny Lynn Burke filed a petition for compensation under the National Vaccine Injury Compensation Program on June 6, 2017. She alleged that the influenza vaccine she received on October 11, 2016, caused her to suffer a right shoulder injury, with symptoms persisting for more than six months.
The respondent denied that the flu vaccine caused her injury. Despite this denial, the parties filed a joint stipulation on February 13, 2019, agreeing to a settlement.
Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. As per the stipulation, Penny Lynn Burke was awarded $143,000.00 as a lump sum for all items of damages.
The case was settled as a Table claim for Shoulder Injury Related to Vaccine Administration (SIRVA). Petitioner was represented by Douglas Lee Burdette of Burdette Law, PLLC, and respondent was represented by Alexis B.
Babcock of the U.S. Department of Justice.
The decision was issued on April 10, 2019.
Theory of causation
Petitioner Penny Lynn Burke received an influenza vaccine on October 11, 2016, and alleged it caused a right shoulder injury (SIRVA) with symptoms persisting for over six months. Respondent denied causation. The parties filed a joint stipulation agreeing to a settlement, which was adopted by Chief Special Master Nora Beth Dorsey. The case was settled as a Table claim. Petitioner was awarded $143,000.00 as a lump sum for all damages. Douglas Lee Burdette represented the petitioner, and Alexis B. Babcock represented the respondent. The decision was issued on April 10, 2019.
Source PDFs
USCOURTS-cofc-1_17-vv-00750