Leanell Jones v. HHS - Influenza, neuropathic pain and weakness in his left shoulder and arm (2016)
Case summary [AI summaries can sometimes make mistakes]
On January 5, 2015, Leanell Jones filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered neuropathic pain and weakness in his left shoulder and arm as a result of receiving an influenza vaccine on October 28, 2012. The petition stated that Mr.
Jones experienced these symptoms for more than six months. During the pendency of the claim, Mr.
Jones passed away, and Briana Gwenell Jones was substituted as the administrator and legal representative of his estate and as the petitioner. The respondent denied that the vaccine caused Mr.
Jones's alleged injuries or any other injury or death. On July 25, 2016, the parties filed a joint stipulation for damages.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The stipulation awarded compensation in two parts: a lump sum of $8,545.18 to satisfy a California Medicaid lien, payable jointly to the petitioner and the Department of Health Care Services, with the petitioner agreeing to endorse the check to the Department; and a lump sum of $87,500.00, payable to the petitioner, representing compensation for all items of damages available under the Vaccine Act.
The total award was $96,045. The decision was issued on October 5, 2016.
The public decision does not describe the specific onset of symptoms, clinical details, medical tests, treatments, or the mechanism of injury. Petitioner was represented by Elizabeth Martin Muldowney of Rawls, McNelis and Mitchell, P.C., and respondent was represented by Heather Lynn Pearlman of the U.S.
Department of Justice.
Theory of causation
Petitioner Leanell Jones alleged that an influenza vaccine administered on October 28, 2012, caused neuropathic pain and weakness in his left shoulder and arm, persisting for over six months. The respondent denied causation. The parties reached a joint stipulation for damages, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation awarded $8,545.18 for a California Medicaid lien and $87,500.00 to the petitioner, totaling $96,045. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied causation. The case was filed on January 5, 2015, and the decision was issued on October 5, 2016. Petitioner's counsel was Elizabeth Martin Muldowney, and respondent's counsel was Heather Lynn Pearlman.
Source PDFs
USCOURTS-cofc-1_15-vv-00004