Jennifer Nash v. HHS - Influenza, shoulder injury (2016)
Case summary [AI summaries can sometimes make mistakes]
Jennifer Nash filed a petition for compensation on September 24, 2014, alleging that she suffered a shoulder injury following her September 26, 2011 influenza vaccination. She claimed to have experienced residual effects for more than six months.
The respondent denied that the influenza vaccine caused her alleged shoulder injury and pain, and also denied that she experienced residual effects for more than six months or that the vaccine caused any other injury. Despite these denials, the parties filed a joint stipulation on March 24, 2016, agreeing that compensation should be awarded.
The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court. Jennifer Nash was awarded a lump sum of $40,000.00 as compensation for all items of damages.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the specific mechanism of injury. Petitioner was represented by Edward Kraus of the Law Offices of Chicago Kent, and respondent was represented by Adriana Teitel of the U.S.
Department of Justice.
Theory of causation
Petitioner Jennifer Nash alleged a shoulder injury, specifically SIRVA, following her September 26, 2011 influenza vaccination, with residual effects lasting more than six months. Respondent denied causation and duration of effects. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $40,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, but the condition alleged falls under the Special Processing Unit (SPU) for shoulder injuries related to vaccine administration (SIRVA).
Source PDFs
USCOURTS-cofc-1_14-vv-00900