Julia Wade v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Filed 2017-09-22Decided 2018-09-05Vaccine Influenza
compensated$71,653

Case summary [AI summaries can sometimes make mistakes]

Julia Wade filed a petition for compensation under the National Vaccine Injury Compensation Program on September 22, 2017, alleging she sustained a shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccine she received on September 29, 2016. The respondent, represented by Camille Michelle Collett of the U.S.

Department of Justice, filed a Rule 4(c) report on February 28, 2018, conceding that the alleged injury was consistent with a right SIRVA and was caused in fact by the influenza vaccine. The respondent further agreed that Ms.

Wade had satisfied all legal prerequisites for compensation. On March 5, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms.

Wade entitled to compensation. Subsequently, on May 14, 2018, the respondent filed a proffer on award of compensation, stating that Ms.

Wade should be awarded $71,653.58. The proffer noted that this amount represented compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) and did not address attorneys' fees and litigation costs, which would be determined later upon submission of documentation.

Ms. Wade, represented by Ann Mayhew Golski of Maglio Christopher & Toale, PA, agreed with the proffered award.

On September 5, 2018, Chief Special Master Dorsey issued a decision awarding Ms. Wade a lump sum payment of $71,653.58, payable by check to Julia Wade.

The decision noted that judgment could be expedited if the parties jointly filed notice renouncing the right to seek review. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Theory of causation

Petitioner Julia Wade alleged a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine received on September 29, 2016. The respondent conceded that the injury was consistent with a right SIRVA and was caused in fact by the vaccine. The case proceeded to an entitlement ruling on March 5, 2018, by Chief Special Master Nora Beth Dorsey, finding petitioner entitled to compensation. A subsequent decision on September 5, 2018, by Chief Special Master Dorsey awarded petitioner a lump sum of $71,653.58 based on a proffer agreed to by both parties. The theory of causation was "Off-Table." The public text does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award beyond the total lump sum.

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