Susan Charbonneau v. HHS - Influenza, shoulder injury (2015)
Case summary [AI summaries can sometimes make mistakes]
Susan Charbonneau filed a petition on June 16, 2015, alleging that she suffered a shoulder injury caused by an influenza vaccine she received on September 21, 2011. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her injury.
The parties reached a stipulation to resolve the case. Special Master Laura D.
Millman adopted the stipulation and awarded Ms. Charbonneau $80,000.00 in damages, representing reimbursement for all damages available under 42 U.S.C. § 300aa-15(a).
The award was to be paid by check to the petitioner. Subsequently, on September 29, 2015, the parties filed a stipulation regarding attorneys' fees and costs.
Petitioner asserted she incurred no costs. After respondent raised objections to certain items in petitioner's initial application, the application was amended to $15,980.15, an amount to which the respondent did not object.
Special Master Millman found this amount reasonable and awarded $15,980.15 for attorneys' fees and costs, to be paid by check jointly to the petitioner and Maglio, Christopher & Toale, PA. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.
Petitioner was represented by Amber D. Wilson, and respondent was represented by Justine E.
Walters.
Theory of causation
Petitioner Susan Charbonneau alleged that an influenza vaccine administered on September 21, 2011, caused a shoulder injury, specifically SIRVA. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman awarded $80,000.00 in damages. Attorneys' fees and costs of $15,980.15 were also awarded via 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 the vaccine caused the injury. The case was resolved by stipulation, not by a finding of entitlement after litigation.
Source PDFs
USCOURTS-cofc-1_14-vv-00749