Richard Scott v. HHS - Influenza, left shoulder injuries (2018)
Case summary [AI summaries can sometimes make mistakes]
Richard Scott filed a petition for compensation under the National Vaccine Injury Compensation Program on June 12, 2017. He alleged that he suffered left shoulder injuries caused by the influenza vaccine he received on January 30, 2016.
Mr. Scott stated that the vaccine was administered in the United States and that he experienced residual effects of his injuries for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Scott's alleged shoulder injury or any other injury or his current condition.
Despite maintaining their respective positions, the parties filed a joint stipulation on March 20, 2018, agreeing that a decision should be entered awarding 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, Mr. Scott was awarded a lump sum of $97,500.00, payable by check to the petitioner.
This amount represents compensation for all items of damages available under the Vaccine Act. The decision was entered on June 15, 2018.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner's counsel was Shealene Wasserman of Muller Brazil, LLP, and respondent's counsel was Lara Ann Englund of the U.S.
Department of Justice.
Theory of causation
Petitioner Richard Scott alleged that the influenza (flu) vaccine administered on January 30, 2016, caused his left shoulder injuries, with residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation agreeing to a settlement. The Special Master adopted the stipulation, awarding $97,500.00. The public text indicates the injury is "Shoulder Injury Related to Vaccine Administration (SIRVA)" and that the flu vaccine is contained in the Vaccine Injury Table. No specific medical experts or detailed causation mechanism were described in the public text. The award represents compensation for all damages under 42 U.S.C. § 300aa-15(a). The decision was entered on June 15, 2018, by Chief Special Master Nora Beth Dorsey. Petitioner's counsel was Shealene Wasserman, and respondent's counsel was Lara Ann Englund.
Source PDFs
USCOURTS-cofc-1_17-vv-00775