Sherry Smith v. HHS - Influenza, inflammatory polyarthritis (2018)
Case summary [AI summaries can sometimes make mistakes]
Sherry Smith filed a petition on January 12, 2015, alleging that she developed inflammatory polyarthritis as a result of receiving an influenza vaccine on October 12, 2012. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her condition.
Despite maintaining their positions, the parties filed a joint stipulation on December 19, 2018, agreeing to settle the issues and award compensation to Ms. Smith.
The stipulation awarded a lump sum of $66,000.00 to compensate for all damages. Special Master Thomas L.
Gowen found the stipulation reasonable and adopted it as the decision of the Court, ordering judgment to be entered accordingly. The case was compensated based on the stipulation.
The public decision does not describe the petitioner's counsel, respondent's counsel, specific medical facts, onset, symptoms, tests, treatments, or expert testimony.
Theory of causation
Petitioner Sherry Smith alleged that an influenza vaccine administered on October 12, 2012, caused her to develop inflammatory polyarthritis. Respondent denied causation. The parties filed a joint stipulation on December 19, 2018, agreeing to settle the claim and award compensation. Special Master Thomas L. Gowen adopted the stipulation, awarding a lump sum of $66,000.00 for all damages. The specific theory of causation, medical evidence, expert testimony, and mechanism of injury are not described in the public decision. Petitioner's counsel was Diana Lynn Stadelnikas of Maglio Christopher and Toale, PA. Respondent's counsel was Sarah Christina Duncan of the United States Department of Justice. The decision date was December 19, 2018.
Source PDFs
USCOURTS-cofc-1_15-vv-00033