Deborah Franlkin v. HHS - Influenza, left shoulder injuries (2019)
Case summary [AI summaries can sometimes make mistakes]
Deborah Franlkin filed a petition for compensation under the National Vaccine Injury Compensation Program on November 14, 2017, alleging that she suffered left shoulder injuries as a result of her December 29, 2015 influenza vaccination. Ms.
Franlkin further alleged that she experienced residual effects of her injury for more than six months and that there had been no prior award or settlement of a civil action for damages. The respondent denied that the flu vaccine caused petitioner's alleged left shoulder injuries or any other injury or her current condition.
On February 25, 2019, the parties filed a joint stipulation for compensation. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court.
Ms. Franlkin was awarded a lump sum of $61,364.22, representing compensation for all items of damages available under § 15(a).
The decision was posted on the United States Court of Federal Claims' website.
Theory of causation
Petitioner Deborah Franlkin alleged that her December 29, 2015 influenza vaccination caused left shoulder injuries. Respondent denied causation. The parties filed a joint stipulation for compensation on February 25, 2019. The Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner $61,364.22. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments.
Source PDFs
USCOURTS-cofc-1_17-vv-01789