Jacqueline Freeman v. HHS - Influenza, shoulder injury (2015)
Case summary [AI summaries can sometimes make mistakes]
Jacqueline Freeman filed a petition on April 29, 2015, alleging that she suffered a shoulder injury as a result of receiving an influenza vaccine on September 27, 2013. She further alleged that the residual effects of this condition lasted for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's alleged shoulder injury or any other injury. The parties reached a stipulation to resolve the matter informally.
Special Master Laura D. Millman adopted the stipulation, awarding Jacqueline Freeman $110,000.00 in compensation for all damages.
This award was to be paid via a check made out to Jacqueline Freeman. Separately, on May 7, 2015, the parties filed a stipulation regarding attorneys' fees and costs.
The petitioner asserted that she incurred no costs. After informal discussions where the respondent raised objections to certain items in the petitioner's initial application, the petitioner amended her application to $16,484.53.
The respondent did not object to this revised amount. Special Master Millman found the amount reasonable and awarded $16,484.53 for attorneys' fees and costs, payable by check jointly to Jacqueline Freeman and her attorneys, Muller Brazil, LLP.
The decision noted that it was unpublished but intended for posting on the court's website, with provisions for redacting sensitive information.
Theory of causation
Petitioner Jacqueline Freeman alleged a shoulder injury resulting from an influenza vaccine administered on September 27, 2013, with residual effects lasting over six months. Respondent denied causation. The parties resolved the case via stipulation. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury, onset, symptoms, diagnostic tests, or treatments. The Special Master adopted the stipulation, awarding $110,000.00 for damages and $16,484.53 for attorneys' fees and costs. Special Master Laura D. Millman issued the decision on May 20, 2015, for damages and May 28, 2015, for fees and costs. Petitioner was represented by Maximillian J. Muller, and respondent by Camille M. Collett.
Source PDFs
USCOURTS-cofc-1_14-vv-00796