Dana M. Brasher v. HHS - Influenza, cellulitis (2016)

Filed 2013-12-26Decided 2016-06-30Vaccine Influenza
compensated$274,315

Case summary [AI summaries can sometimes make mistakes]

Dana M. Brasher filed a petition on December 26, 2013, alleging that she suffered injuries as a result of receiving an influenza vaccine on November 28, 2012.

Initially, she claimed the vaccine caused a significant lesion, complications with her left shoulder and arm, immune system dysregulation, and polyglandular autoimmune syndrome (PGA). However, over the course of the litigation, she withdrew the claim for PGA and instead alleged she suffered from pyoderma gangrenosum and residual effects of her injuries for more than six months.

The parties filed a joint stipulation on June 7, 2016, agreeing to an award of compensation. Respondent conceded that the flu vaccine caused petitioner to suffer cellulitis in her left arm but contested that she experienced residual effects for more than six months and denied causation for pyoderma gangrenosum.

Despite these contested points, the parties stipulated to an award. The court adopted the stipulation, awarding Dana M.

Brasher $165,000.00 for all damages and an additional $109,315.00 for attorneys' fees and costs, for a total award of $274,315.00. The decision was entered on June 30, 2016.

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