Virginia Bilthuis v. HHS - Influenza, adhesive capsulitis (2015)

Filed 2015-04-24Decided 2015-05-15Vaccine Influenza
compensated$43,734

Case summary [AI summaries can sometimes make mistakes]

Virginia Bilthuis filed a petition on September 11, 2014, alleging that an influenza vaccine administered on September 28, 2012, caused her to develop adhesive capsulitis. She sought compensation under the National Vaccine Injury Compensation Program.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's condition or any resulting disabilities. Despite the denial, the parties reached a settlement agreement.

The parties filed a stipulation on April 23, 2015, agreeing to settle the case and outlining the terms. The public decision does not describe the onset of symptoms, specific medical tests, or treatments.

The public decision also does not name any medical experts or detail a specific theory of causation beyond the general allegation. The court adopted the stipulation, awarding Virginia Bilthuis a total of $43,734.39.

This amount included a lump sum of $35,000.00 for all damages and a lump sum of $8,734.39 for attorneys' fees and costs, jointly payable to petitioner and her attorney, Edward Kraus. The decision was issued by Chief Special Master Denise Kathryn Vowell on May 15, 2015.

The case was resolved via stipulation.

Theory of causation

Petitioner Virginia Bilthuis alleged that an influenza vaccine administered on September 28, 2012, caused adhesive capsulitis. Respondent denied causation. The parties reached a stipulation to settle the case. The public decision does not detail a specific medical mechanism or theory of causation, nor does it name any experts. The case was resolved via stipulation, with an award of $35,000.00 for damages and $8,734.39 for attorneys' fees and costs. The decision was issued by Chief Special Master Denise Kathryn Vowell on May 15, 2015. Petitioner's counsel was Edward Kraus, and respondent's counsel was Claudia Gangi. The theory of causation is noted as 'Off-Table' in the provided data, indicating it was not a standard condition listed in the Vaccine Injury Table.

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