Kellee Matlock v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
On June 19, 2018, Kellee Matlock filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on July 14, 2017. The case was assigned to the Special Processing Unit.
On July 3, 2019, a ruling on entitlement was issued, finding Ms. Matlock entitled to compensation for SIRVA.
On September 13, 2019, the respondent filed a proffer on award of compensation, proposing an award of $148,963.08. This amount was comprised of $140,000.00 for pain and suffering and $8,963.08 for out-of-pocket medical expenses and medical mileage.
The respondent stated that Ms. Matlock agreed with the proffered award.
Chief Special Master Nora Beth Dorsey issued a decision on November 19, 2019, awarding Ms. Matlock a lump sum payment of $148,963.08.
The decision noted that the award represented compensation for all damages available under § 15(a). The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Jeffrey T. Sprague.
Theory of causation
Petitioner Kellee Matlock filed a petition on June 19, 2018, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on July 14, 2017. Respondent conceded SIRVA as a Table injury in a Vaccine Rule 4(c) report filed July 2, 2019. A ruling on entitlement was issued on July 3, 2019, finding petitioner entitled to compensation. On September 13, 2019, respondent filed a proffer on award of compensation, agreeing to a lump sum of $148,963.08, consisting of $140,000.00 for pain and suffering and $8,963.08 for out-of-pocket medical expenses and medical mileage. Petitioner agreed to this award. Chief Special Master Nora Beth Dorsey issued a decision on November 19, 2019, awarding the proffered amount. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings beyond the diagnosis of SIRVA.
Source PDFs
USCOURTS-cofc-1_18-vv-00868