Daniel Werner v. HHS - Influenza, Brachial Neuritis (2015)
Case summary [AI summaries can sometimes make mistakes]
Daniel Werner filed a petition on August 20, 2014, alleging that an influenza vaccine administered on October 22, 2012, caused him to develop Brachial Neuritis. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's condition.
However, the parties reached a joint stipulation for damages. Special Master Lisa Hamilton-Fieldman adopted this stipulation as the court's decision, awarding Daniel Werner a lump sum of $33,000.00 for all damages.
Subsequently, on September 15, 2015, the parties filed a stipulation for attorneys' fees and costs. The court awarded $10,882.17 in attorneys' fees and costs, payable jointly to Petitioner and his counsel, Diana S.
Sedar of Maglio Christopher & Toale, PA. The case was resolved through these stipulations, with judgment entered in accordance with the parties' agreements.
The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner Daniel Werner alleged that an influenza vaccine administered on October 22, 2012, caused him to develop Brachial Neuritis. The respondent denied causation. The parties reached a joint stipulation for damages, and the Special Master adopted this stipulation. The award included a lump sum of $33,000.00 for all damages. Attorneys' fees and costs in the amount of $10,882.17 were awarded jointly to Petitioner and his counsel, Diana S. Sedar. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury.
Source PDFs
USCOURTS-cofc-1_14-vv-00755