Rhett Malpass v. HHS - Influenza, left shoulder injury (2019)
Case summary [AI summaries can sometimes make mistakes]
Rhett Malpass filed a petition for compensation on June 19, 2018, alleging a left shoulder injury resulting from an influenza vaccine received on November 2, 2016. The case was assigned to the Special Processing Unit.
The respondent conceded entitlement, stating the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that there was no evidence of an unrelated cause. The respondent also agreed that the injury caused sequelae for more than six months, meeting the statutory requirements for entitlement.
A ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on May 14, 2019, finding Mr. Malpass entitled to compensation.
Subsequently, on August 29, 2019, Chief Special Master Nora Beth Dorsey issued a decision awarding damages. Based on a proffer from the respondent, which indicated Mr.
Malpass agreed with the proposed award, he was granted a lump sum payment of $88,015.15. Petitioner counsel was Scott William Rooney and respondent counsel was Althea Walker Davis.
The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the medical expert witnesses involved in this case.
Theory of causation
Petitioner Rhett Malpass received an influenza vaccine on November 2, 2016, and subsequently alleged a left shoulder injury. The respondent conceded entitlement, agreeing the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that there was no evidence of an unrelated cause. The respondent further agreed that the injury caused sequelae for more than six months, meeting the statutory requirements for entitlement under the Vaccine Act. The case falls under the "Table" category for causation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 14, 2019, and a decision awarding damages on August 29, 2019. Petitioner was awarded a lump sum of $88,015.15. Petitioner counsel was Scott William Rooney, and respondent counsel was Althea Walker Davis. The public text does not detail the specific mechanism of injury, expert testimony, or the medical evidence considered beyond the respondent's concession.
Source PDFs
USCOURTS-cofc-1_18-vv-00867