Shirley Darlene Pardue v. HHS - Influenza, adhesive capsulitis, possible impingement syndrome, and subacromial bursitis of the right shoulder (2015)
Case summary [AI summaries can sometimes make mistakes]
Shirley Darlene Pardue filed a petition for compensation under the National Vaccine Injury Compensation Program on July 30, 2014. She alleged that an influenza vaccination received on September 29, 2012, caused adhesive capsulitis, possible impingement syndrome, and subacromial bursitis of her right shoulder.
Ms. Pardue further claimed that she experienced residual effects from this injury for more than six months and had not received any prior award or settlement for it.
The respondent, the Secretary of Health and Human Services, denied that the flu immunization caused Ms. Pardue's conditions or any other injury or disability.
Despite the respondent's denial, the parties reached a joint stipulation to settle the case. The stipulation, filed on August 18, 2015, outlined the settlement terms.
As per the stipulation, the respondent agreed to pay Ms. Pardue a lump sum of $65,000.00, payable by check to the petitioner, as compensation for all damages available under the Vaccine Act.
Chief Special Master Denise Kathryn Vowell adopted the stipulation and awarded the compensation on September 18, 2015. The decision was issued following the petition filed on July 30, 2014.
Petitioner's counsel was Danny Ellis of Massey & Associates, PC, and respondent's counsel was Claudia Gangi of the U.S. Department of Justice.
Theory of causation
Petitioner Shirley Darlene Pardue alleged that an influenza vaccine administered on September 29, 2012, caused adhesive capsulitis, possible impingement syndrome, and subacromial bursitis of the right shoulder, with residual effects lasting more than six months. The respondent denied causation. The parties reached a joint stipulation to settle the case, with the respondent agreeing to pay $65,000.00 in lump sum for all damages. Chief Special Master Denise Kathryn Vowell adopted the stipulation on September 18, 2015. The specific medical mechanism or expert testimony regarding causation was not detailed in the provided public text, as the case was resolved via stipulation. Petitioner was represented by Danny Ellis, and respondent by Claudia Gangi.
Source PDFs
USCOURTS-cofc-1_14-vv-00678