Cheryl Simmons v. HHS - Influenza, shoulder injury (2015)
Case summary [AI summaries can sometimes make mistakes]
On August 29, 2014, Cheryl Simmons filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on September 22, 2011, caused her to suffer a shoulder injury. She further alleged that she experienced residual effects of the injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused petitioner's shoulder injury or any other injury or current condition. Despite the denial, the parties reached a stipulation to settle the case.
The settlement terms included a lump sum of $50,000.00 payable to petitioner for all damages, and a lump sum of $14,750.00 payable to petitioner and her attorney, Paul R. Brazil, for all legal expenses and costs.
The total award amounted to $64,750.00. Chief Special Master Denise Kathryn Vowell adopted the parties' stipulation and awarded the compensation.
The decision was issued on May 15, 2015. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.
The specific mechanism of injury or expert testimony regarding causation was not detailed in the public decision, as the case was resolved by stipulation.
Theory of causation
Petitioner Cheryl Simmons alleged that an influenza vaccine administered on September 22, 2011, caused a shoulder injury with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to settle the case, resulting in an award of $50,000.00 for damages and $14,750.00 for attorneys' fees and costs, totaling $64,750.00. The case was resolved via stipulation, and the public decision does not detail the specific theory of causation, medical evidence, expert testimony, or the mechanism of injury, indicating it was an "Off-Table" claim settled without full litigation. The decision was issued by Chief Special Master Denise Kathryn Vowell on May 15, 2015, based on a petition filed August 29, 2014. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Lara Ann Englund.
Source PDFs
USCOURTS-cofc-1_14-vv-00788