Michael Foy v. HHS - Influenza, shoulder injury (2014)
Case summary [AI summaries can sometimes make mistakes]
Michael Foy filed a petition on March 21, 2014, alleging that he developed a shoulder injury as a result of receiving an influenza vaccine on or about October 2, 2013, and experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused the petitioner's shoulder injury.
The parties subsequently filed a joint stipulation for damages, agreeing that Michael Foy should receive $110,000.00 in compensation for all damages. Special Master Thomas L.
Gowen found the stipulation reasonable and adopted it as the decision of the Court. The parties also stipulated to attorneys' fees and costs in the amount of $15,000.00, which Special Master Gowen granted.
Judgment was entered in accordance with the stipulation. Maximillian Muller of Muller Brazil represented the petitioner, and Traci R.
Patton of the United States Department of Justice represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.
Theory of causation
Petitioner Michael Foy alleged a shoulder injury following an influenza vaccine administered on or about October 2, 2013. The respondent denied causation. The parties stipulated to a resolution, with petitioner receiving $110,000.00 for all damages and $15,000.00 for attorneys' fees and costs. Special Master Thomas L. Gowen approved the stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied causation and the parties agreed to a stipulation.
Source PDFs
USCOURTS-cofc-1_14-vv-00220