Linda D. Kooker v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (2019)
Case summary [AI summaries can sometimes make mistakes]
Linda D. Kooker filed a petition on March 28, 2018, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on December 2, 2016.
The Special Master's decision notes that the information in the record does not establish entitlement to compensation. Petitioner subsequently filed a motion to dismiss her own petition, stating that after a full investigation, she would be unable to prove entitlement to compensation.
Respondent did not oppose the motion. The Special Master granted the motion, dismissing the case for insufficient proof.
The decision explained that to receive compensation, a petitioner must prove either a Table injury or that the injury was caused-in-fact by a covered vaccine, supported by medical records or expert opinion. In this case, the public decision states that petitioner did not allege a Table injury and did not provide sufficient medical records or expert opinions to support a finding of entitlement for an off-Table injury.
Petitioner's counsel was Laurie C. TeWinkle, and respondent's counsel was Robert C.
Coleman. Special Master Thomas L.
Gowen issued the decision on October 29, 2019, dismissing the case.
Theory of causation
Petitioner Linda D. Kooker filed a petition on March 28, 2018, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on December 2, 2016. The public decision states the record did not establish entitlement. Petitioner later moved to dismiss, acknowledging an inability to prove entitlement after investigation. Respondent did not oppose. Special Master Thomas L. Gowen granted the motion and dismissed the case for insufficient proof on October 29, 2019. The decision noted that entitlement requires proof of a Table injury or a vaccine-caused injury, supported by medical records or expert opinion. Petitioner did not allege a Table injury and did not provide sufficient medical records or expert opinions for an off-Table injury. Petitioner's counsel was Laurie C. TeWinkle; respondent's counsel was Robert C. Coleman. No specific medical mechanism, expert names, or award details were provided in the public text.
Source PDFs
USCOURTS-cofc-1_18-vv-00453