Tina MacFarlin v. HHS - Influenza, left shoulder injury (2020)
Case summary [AI summaries can sometimes make mistakes]
Tina MacFarlin filed a petition for compensation under the National Vaccine Injury Compensation Program on January 30, 2019, alleging that she suffered a left shoulder injury caused by an influenza vaccine she received on October 26, 2016. The petition stated that the vaccine was administered in the United States, the injury's residual effects lasted for more than six months, and no civil action had been filed or award received for the injury.
The case was assigned to the Special Processing Unit. On May 14, 2020, the respondent filed a Rule 4(c) report conceding that Ms.
MacFarlin was entitled to compensation, agreeing that her injury met the criteria for Shoulder Injury Related to Vaccine Administration (SIRVA) as listed on the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on May 15, 2020, finding Ms. MacFarlin entitled to compensation.
Subsequently, on June 16, 2020, Chief Special Master Corcoran issued a decision awarding damages. The parties stipulated to a total award of $85,850.00.
This amount included $85,000.00 for actual and projected pain and suffering, with projected amounts reduced to net present value, and $850.00 for unreimbursable expenses. The award was to be paid as a lump sum via check to Ms.
MacFarlin, who is a competent adult. Petitioner was represented by Shealene Priscilla Mancuso of Muller Brazil, LLP, and respondent was represented by Jennifer Leigh Reynaud of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.
Theory of causation
Petitioner Tina MacFarlin alleged a left shoulder injury caused-in-fact by an influenza vaccine received on October 26, 2016. The respondent conceded entitlement, agreeing that the injury met the criteria for Shoulder Injury Related to Vaccine Administration (SIRVA) on the Vaccine Injury Table. The public text does not name specific medical experts or detail the mechanism of injury. The case resulted in a compensated outcome. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on May 15, 2020, and a decision awarding damages on June 16, 2020. The award totaled $85,850.00, consisting of $85,000.00 for pain and suffering and $850.00 for unreimbursable expenses, paid as a lump sum. Petitioner was represented by Shealene Priscilla Mancuso, and respondent by Jennifer Leigh Reynaud.
Source PDFs
USCOURTS-cofc-1_19-vv-00157