Robert C. Lott v. HHS - Influenza, left shoulder injury related to vaccination administration and resultant lesions (2019)

Filed 2018-01-19Decided 2019-06-20Vaccine Influenza
compensated$10,000

Case summary [AI summaries can sometimes make mistakes]

Robert C. Lott filed a petition for compensation under the National Vaccine Injury Program on January 19, 2018, alleging that he suffered a left shoulder injury related to vaccine administration and resultant lesions after receiving an influenza vaccine on November 25, 2015.

The respondent, the Secretary of Health and Human Services, denied that the alleged injuries were caused by the flu vaccine. However, the parties reached a stipulation for an award of compensation.

The stipulation, dated June 19, 2019, provided that a decision should be entered awarding compensation to the petitioner. The parties agreed to settle the issues between them, and the decision was entered on June 20, 2019, awarding Mr.

Lott $10,000 as a lump sum payable to the petitioner. This amount represents compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Special Master Thomas L. Gowen adopted the parties' stipulation and ordered that judgment be entered accordingly.

Petitioner's counsel was Brian L. Cinelli of Marcus & Cinelli LLP, and respondent's counsel was Mark K.

Hellie of the Department of Justice. The decision was made public on July 18, 2019, after the standard 14-day period for redaction requests.

Theory of causation

Petitioner Robert C. Lott alleged a left shoulder injury related to vaccine administration and resultant lesions following an influenza vaccination on November 25, 2015. The respondent denied causation. The parties stipulated to an award, with the respondent agreeing to compensation despite denying causation. The award was $10,000 as a lump sum for all damages. The decision was entered on June 20, 2019, by Special Master Thomas L. Gowen. Petitioner was represented by Brian L. Cinelli, and respondent was represented by Mark K. Hellie. The specific theory of causation was not detailed in the public decision, but the outcome was compensation via stipulation, suggesting the case was resolved under the Vaccine Injury Table or through a negotiated settlement.

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