Sherry G. Alexander v. HHS - Influenza, neurological injury (2014)
Case summary [AI summaries can sometimes make mistakes]
Sherry G. Alexander filed a petition on October 7, 2013, alleging that a trivalent influenza ("flu") vaccine she received on September 23, 2010, caused her to develop a neurological injury with residual effects lasting more than six months.
Respondent denied that the flu vaccine caused petitioner's alleged neurological injury or any other injury. The parties, represented by counsel Isaiah Kalinowski for the petitioner and Lindsay Corliss for the respondent, agreed to a joint stipulation filed on June 18, 2014.
Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
Petitioner was awarded a lump sum of $40,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs in the amount of $13,228.00 were awarded separately, payable to petitioner and her attorney, Isaiah Kalinowski, as per a subsequent stipulation filed on July 22, 2014, and approved by Special Master Moran on September 2, 2014.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.
Theory of causation
Petitioner Sherry G. Alexander alleged that a trivalent influenza vaccine administered on September 23, 2010, caused a neurological injury with residual effects lasting more than six months. Respondent denied causation. The parties entered into a joint stipulation on June 18, 2014, which was adopted by Special Master Christian J. Moran. Petitioner received a lump sum award of $40,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $13,228.00 were awarded separately. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, relying instead on the stipulation for resolution.
Source PDFs
USCOURTS-cofc-1_13-vv-00775