Linda Cartmel v. HHS - Influenza, left shoulder injury (2019)
Case summary [AI summaries can sometimes make mistakes]
Linda Cartmel filed a petition for compensation under the National Vaccine Injury Compensation Program on August 24, 2017, alleging a left shoulder injury resulting from an influenza vaccine administered on December 26, 2016. The case was assigned to the Special Processing Unit.
The respondent, Secretary of Health and Human Services, filed an Amended Rule 4(c) report on May 7, 2019, stating that they did not contest the petitioner's entitlement to compensation, acknowledging that all legal prerequisites for an award under the Act had been met. Based on the respondent's position and the existing record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 14, 2019, finding petitioner entitled to compensation.
Subsequently, on June 6, 2019, the parties submitted a proffer on the award of compensation. The respondent proposed an award of $51,096.97, which included $50,000.00 for actual and projected pain and suffering and $1,096.97 for past unreimbursable expenses.
The petitioner agreed with this proffered award. Chief Special Master Dorsey adopted the proffer and issued a decision on June 12, 2019, awarding Linda Cartmel a lump sum payment of $51,096.97.
This award was to be paid via a check made payable to Linda Cartmel and represented compensation for all damages available under 42 U.S.C. § 300aa-15(a). The attorneys involved were Andrew Donald Downing for the petitioner and Jennifer Leigh Reynaud for the respondent.
The decision was signed by Chief Special Master Nora Beth Dorsey.
Theory of causation
Petitioner Linda Cartmel received an influenza vaccine on December 26, 2016, and subsequently developed a left shoulder injury, diagnosed as Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded entitlement to compensation, agreeing that petitioner met the legal prerequisites for an award under the National Vaccine Injury Compensation Program. The case proceeded as a Table injury claim. The public decision does not describe the specific mechanism of injury or name any medical experts. The award was based on a proffer agreed to by both parties. Chief Special Master Nora Beth Dorsey awarded a total of $51,096.97, consisting of $50,000.00 for pain and suffering and $1,096.97 for past unreimbursable expenses, paid as a lump sum. Petitioner's counsel was Andrew Donald Downing, and respondent's counsel was Jennifer Leigh Reynaud. The ruling on entitlement was issued on May 14, 2019, and the decision awarding damages was issued on June 12, 2019.