Paulette Cummins v. HHS - Influenza, severe shoulder pain (2016)

Filed 2015-02-11Decided 2016-05-02Vaccine Influenza
compensated$95,000

Case summary [AI summaries can sometimes make mistakes]

Paulette Cummins filed a petition for compensation under the National Vaccine Injury Compensation Program on February 11, 2015, alleging that she suffered severe shoulder pain as a result of an influenza vaccine she received on September 18, 2012. The respondent denied that the vaccine caused the alleged shoulder pain or any other injury.

Despite the respondent's denial, the parties filed a joint stipulation on December 30, 2015, agreeing to a settlement. The court adopted the stipulation, awarding Paulette Cummins $95,000.00 as compensation for all damages.

This amount was a compromise of the parties' respective positions on liability and damages. Subsequently, the parties also stipulated to attorneys' fees and costs.

On January 6, 2016, they filed a stipulation for attorneys' fees and costs, and on May 4, 2016, Chief Special Master Nora Beth Dorsey issued a decision awarding $15,350.00 jointly to Paulette Cummins and her counsel, Jeffrey S. Pop, for attorneys' fees and costs.

The case was resolved through these stipulations, resulting in compensation for the petitioner. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the medical expert witnesses involved in this case.

Theory of causation

Petitioner Paulette Cummins alleged that she suffered severe shoulder pain as a result of her influenza vaccine received on September 18, 2012. The respondent denied causation. The parties filed a joint stipulation agreeing to a settlement, and the case was resolved via this stipulation. The stipulation stated that the award of $95,000.00 represented compensation for all damages available under 42 U.S.C. § 300aa-15(a). The theory of causation was based on the Vaccine Injury Table. Attorneys' fees and costs were awarded in the amount of $15,350.00 jointly to petitioner and her counsel, Jeffrey S. Pop. Chief Special Master Nora Beth Dorsey issued the decision on the stipulation on May 2, 2016, and the decision on attorneys' fees and costs on May 4, 2016. The stipulation explicitly stated that it was not an admission by the United States or the Secretary of Health and Human Services that the flu vaccination caused petitioner's shoulder pain or any other injury.

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