Jeanne Bailey v. HHS - Influenza, shoulder injury (2017)
Case summary [AI summaries can sometimes make mistakes]
Jeanne Bailey filed a petition for compensation under the National Vaccine Injury Compensation Program on December 16, 2014, alleging she developed a shoulder injury after receiving an influenza vaccination on December 17, 2012. The respondent, the Secretary of Health and Human Services, denied that the influenza immunization caused petitioner's injury.
Despite the denial, the parties reached a settlement agreement. On May 31, 2017, they filed a joint stipulation outlining the settlement terms.
As part of the agreement, the respondent agreed to pay Ms. Bailey a lump sum of $200,000.00, payable by check to the petitioner, as compensation for all damages.
Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded the compensation. The clerk of the court was directed to enter judgment in accordance with this decision.
The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. Petitioner was represented by Kenneth Lumb of Corboy & Demetrio P.C., and respondent was represented by Christine Becer of the U.S.
Department of Justice.
Theory of causation
Petitioner Jeanne Bailey alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on December 17, 2012. The respondent denied causation. The parties reached a joint stipulation to settle the case, resulting in an award of $200,000.00 as a lump sum. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision was made by Special Master Mindy Michaels Roth on May 31, 2017. Petitioner's counsel was Kenneth Lumb, and respondent's counsel was Christine Becer.
Source PDFs
USCOURTS-cofc-1_14-vv-01206