Robert Neal v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Robert Neal filed a petition for compensation under the National Vaccine Injury Compensation Program on November 3, 2017, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a seasonal influenza vaccination on November 28, 2016. Mr.
Neal claimed the injury met the criteria of a Table injury or was causally related to the vaccination. He further alleged that he received the vaccination in the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation for his injuries.
The case was assigned to the Special Processing Unit. On July 31, 2018, the respondent filed a Rule 4(c) report conceding that Mr.
Neal is entitled to compensation. Specifically, the respondent concluded that Mr.
Neal suffered a Table SIRVA and satisfied all legal prerequisites for compensation under the Act. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey found that Robert Neal is entitled to compensation, and the case proceeded to determine damages.
The public decision does not describe the specific onset, symptoms, diagnostic tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Robert Neal alleged a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on November 28, 2016. The respondent conceded that the petitioner suffered a Table SIRVA and met all legal prerequisites for compensation. The Chief Special Master Nora Beth Dorsey issued a ruling on entitlement based on this concession. The specific mechanism of injury, expert testimony, or detailed medical evidence supporting the SIRVA diagnosis is not described in the public text. The outcome was compensated, with entitlement established by concession.
Source PDFs
USCOURTS-cofc-1_17-vv-01690