Margaret Ferguson v. HHS - Hepatitis A, brachial plexopathy (2016)
Case summary [AI summaries can sometimes make mistakes]
Margaret Ferguson filed a petition on February 16, 2016, alleging that she developed brachial plexopathy as a result of receiving Hepatitis A and Hepatitis B vaccinations on March 12, 2013, and May 14, 2013, respectively. She further alleged that she experienced residual effects of her injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the vaccines caused her condition. Nevertheless, the parties reached a joint stipulation for damages.
The court adopted the stipulation, awarding Margaret Ferguson a lump sum of $103,750.00. This amount was intended to compensate for all damages available under the National Vaccine Injury Compensation Program.
The decision was finalized on March 18, 2016, with judgment entered in accordance with the stipulation. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses.
Petitioner was represented by Alison H. Haskins of Maglio Christopher & Toale, and respondent was represented by Camille M.
Collett of the United States Department of Justice. Special Master Thomas L.
Gowen issued the decision.
Theory of causation
Petitioner Margaret Ferguson alleged that she developed brachial plexopathy as a result of receiving Hepatitis A vaccination on March 12, 2013, and Hepatitis B vaccination on May 14, 2013. She alleged residual effects for more than six months. Respondent denied causation. The parties reached a joint stipulation for award, and Special Master Thomas L. Gowen adopted the stipulation. Petitioner was awarded $103,750.00 as a lump sum for all damages. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. Petitioner was represented by Alison H. Haskins, and respondent by Camille M. Collett. The decision date was March 18, 2016.
Source PDFs
USCOURTS-cofc-1_14-vv-00975