Dorothy Dickinson v. HHS - Influenza, brachial plexopathy (2014)
Case summary [AI summaries can sometimes make mistakes]
On August 25, 2014, Dorothy Dickinson filed a petition alleging that she suffered brachial plexopathy as a result of receiving an influenza vaccine on November 18, 2011. She further alleged that she experienced residual effects from 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 alleged condition or any other injury. The parties, represented by counsel Anne C.
Toale for the petitioner and Jennifer L. Reynaud for the respondent, reached a stipulation to resolve the case.
Special Master Laura D. Millman presided over the proceedings.
On September 23, 2014, a decision was issued awarding compensation based on this stipulation. The court awarded Dorothy Dickinson a lump sum of $45,000.00 for damages.
Separately, on September 15, 2014, a decision was issued awarding $10,419.54 for attorneys' fees and costs, payable jointly to the petitioner and Maglio, Christopher & Toale, P.A. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert testimony.
Theory of causation
Petitioner Dorothy Dickinson alleged that an influenza vaccine administered on November 18, 2011, caused her to suffer brachial plexopathy with residual effects lasting more than six months. The respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman awarded $45,000.00 in damages and $10,419.54 for attorneys' fees and costs. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury.
Source PDFs
USCOURTS-cofc-1_13-vv-00915