Terri Ahern v. HHS - Influenza, shoulder injury (2014)
Case summary [AI summaries can sometimes make mistakes]
Terri Ahern filed a petition on September 12, 2013, alleging that an influenza vaccine she received on September 21, 2010, caused her to develop a shoulder injury, with residual effects lasting more than six months. Respondent denied that the vaccine caused the injury.
The parties, represented by Paul Brazil for the Petitioner and Althea Walker Davis for the Respondent, reached a joint stipulation on June 5, 2014, to settle the case. Special Master Lisa Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court.
The stipulation awarded Terri Ahern a lump sum of $20,000.00, payable by check to her, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, a lump sum of $15,000.00 was awarded for attorneys' fees and costs, payable by check jointly to Terri Ahern and her attorney, Paul Brazil, in compliance with General Order #9.
No out-of-pocket expenses were incurred by the Petitioner. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.
The specific mechanism of injury is not detailed in the public decision.
Theory of causation
Petitioner Terri Ahern alleged that an influenza vaccine received on September 21, 2010, caused a shoulder injury (SIRVA) with residual effects lasting over six months. Respondent denied causation. The parties entered a joint stipulation on June 5, 2014, which was adopted by Special Master Lisa Hamilton-Fieldman on July 11, 2014. The stipulation resulted in a compensated outcome. Petitioner Terri Ahern was awarded $20,000.00 for damages and $15,000.00 for attorneys' fees and costs, payable to Petitioner and her attorney, Paul Brazil. The public decision does not detail the specific mechanism of injury or name any medical experts.
Source PDFs
USCOURTS-cofc-1_13-vv-00676