Barbara King Van Osdol v. HHS - Influenza, subacromial bursitis, tendinosis, and impingement syndrome (2020)
Case summary [AI summaries can sometimes make mistakes]
Barbara King Van Osdol filed a petition for vaccine compensation on August 15, 2018, alleging that she suffered from subacromial bursitis, tendinosis, and impingement syndrome as a result of an influenza vaccine received on September 2, 2015. Petitioner alleged the vaccine was administered in the United States and that she experienced residual effects for more than six months.
Respondent denied that the alleged shoulder injuries were caused by the vaccination or that the vaccine caused any other injury or residual effects. The parties filed a joint stipulation on December 6, 2019, agreeing to settle the case.
Pursuant to the stipulation, Chief Special Master Brian H. Corcoran awarded Barbara King Van Osdol a lump sum of $50,570.64 as compensation for all damages available under the Vaccine Act.
This amount represents compensation for her shoulder injuries, which are considered a Table injury. Petitioner was represented by Kathy Ann Lee of Cline, Farrell, et al., and Respondent was represented by Voris Edward Johnson of the U.S.
Department of Justice. The decision was issued by Chief Special Master Corcoran.
Theory of causation
Petitioner Barbara King Van Osdol received an influenza vaccine on September 2, 2015, and alleged subsequent development of subacromial bursitis, tendinosis, and impingement syndrome. Respondent denied causation. The parties filed a joint stipulation agreeing to settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $50,570.64. The injury is considered a Table injury. Petitioner was represented by Kathy Ann Lee, and Respondent by Voris Edward Johnson. The decision date was January 7, 2020, with the petition filed on August 15, 2018, and the stipulation on December 6, 2019.
Source PDFs
USCOURTS-cofc-1_18-vv-01219