Marta Garcia v. HHS - Influenza, shoulder injury (2015)
Case summary [AI summaries can sometimes make mistakes]
Marta Garcia filed a petition for compensation under the National Vaccine Injury Compensation Program on July 31, 2014, alleging that she suffered a shoulder injury caused by an influenza vaccination she received on September 12, 2011. She further alleged that she experienced residual effects of her injuries for more than six months.
The respondent denied that the influenza vaccination caused her alleged shoulder injury or any other injury. The parties, however, reached a settlement.
Respondent agreed to pay Ms. Garcia a lump sum of $45,000.00 for all damages and an additional lump sum of $5,000.00 for attorneys' fees and costs.
The Special Master adopted the parties' stipulation and awarded compensation in the agreed-upon amount and terms. The decision was issued by Special Master Thomas L.
Gowen on July 29, 2015. Petitioner's counsel was Jonathan Gold, Esq., and respondent's counsel was Alexis Babcock, Esq.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Marta Garcia alleged that an influenza vaccination received on September 12, 2011, caused a shoulder injury with residual effects lasting more than six months. Respondent denied causation. The parties stipulated to a settlement, and Special Master Thomas L. Gowen adopted the stipulation. The settlement included a $45,000 lump sum for damages and a $5,000 lump sum for attorneys' fees and costs, totaling $50,000. The theory of causation was considered "Off-Table." The public decision does not detail the specific medical mechanism, expert testimony, or evidence presented regarding causation. Petitioner was represented by Jonathan Gold, Esq., and respondent by Alexis Babcock, Esq. The decision date was July 29, 2015.
Source PDFs
USCOURTS-cofc-1_14-vv-00688