Kevin McErlean v. HHS - Influenza, winged scapula (2016)
Case summary [AI summaries can sometimes make mistakes]
Petitioner Kevin McErlean filed a petition on February 19, 2016, alleging that he suffered from winged scapula caused by an influenza vaccine received on or about October 20, 2011. He further alleged that he experienced the residual effects of this injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused the petitioner's winged scapula or any other injury. Despite the disagreement on causation, the parties reached a stipulation to resolve the case.
Special Master Laura D. Millman adopted the stipulation and awarded Kevin McErlean $200,000.00 as compensation for all damages.
The award was to be paid as a check made payable to the petitioner. The decision was issued on February 19, 2016.
Theory of causation
Petitioner alleged that an influenza vaccine administered on or about October 20, 2011, caused him to suffer from winged scapula, with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury, onset, symptoms, diagnostic tests, or treatments. The case was resolved via stipulation, resulting in an award of $200,000.00 for all damages. The decision date was February 19, 2016. Petitioner's counsel was Donald M. Gerstein, and respondent's counsel was Lara A. Englund.
Source PDFs
USCOURTS-cofc-1_13-vv-00543