Carey Sweet v. HHS - Influenza, bilateral shoulder pain (2014)

Filed 2014-03-28Decided 2014-09-11Vaccine Influenza
compensated$70,000

Case summary [AI summaries can sometimes make mistakes]

Carey Sweet filed a petition on March 28, 2014, under the National Vaccine Injury Compensation Program, alleging that she suffered bilateral shoulder pain as a result of receiving influenza and tetanus-diptheria-acellular pertussis (Tdap) vaccines on November 1, 2012. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused or aggravated the petitioner's alleged injury.

On August 21, 2014, the parties filed a joint stipulation for damages, which Special Master Nora Beth Dorsey adopted. The stipulation awarded Carey Sweet $70,000.00 as compensation for all damages.

Petitioner was represented by Carol Gallagher, and respondent was represented by Darryl Wishard. A subsequent decision on September 11, 2014, also approved and awarded attorneys' fees and costs in the amount of $15,450.00, jointly payable to the petitioner and her attorney, Carol L.

Gallagher, as the respondent did not object to the reasonableness of the requested amount. The public decision does not describe the onset of symptoms, specific clinical details, or any expert testimony.

Theory of causation

Petitioner Carey Sweet alleged that bilateral shoulder pain resulted from influenza and Tdap vaccines administered on November 1, 2012. The respondent denied causation. The parties filed a joint stipulation for damages, which Special Master Nora Beth Dorsey adopted, awarding $70,000.00. Attorneys' fees and costs of $15,450.00 were also awarded. The public text does not specify the theory of causation, medical experts, or the mechanism of injury.

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