Jaymeeni Patel v. HHS - Hepatitis B, shoulder injury related to vaccine administration (2016)
Case summary [AI summaries can sometimes make mistakes]
Jaymeeni Patel filed a petition for compensation under the National Vaccine Injury Compensation Program on March 27, 2015. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving a Hepatitis A/Hepatitis B vaccine on April 11, 2012.
Ms. Patel further alleged that she experienced residual effects of this injury for more than six months and had received no prior settlement or award for this injury.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or significantly aggravated Ms. Patel's alleged injuries or that her current disabilities were the result of a vaccine-related injury.
Despite these opposing positions, the parties reached a joint stipulation for damages, which was filed on May 25, 2016. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
Under the terms of the stipulation, Jaymeeni Patel was awarded a lump sum of $129,837.34, payable to her. This amount was stipulated to represent compensation for all items of damages available under the Vaccine Act.
The decision was entered consistent with the stipulation, and the case was closed upon entry of judgment. Petitioner was represented by Elizabeth Martin Muldowney of Rawls, McNelis and Mitchell, PC, and respondent was represented by Darryl R.
Wishard of the U.S. Department of Justice.
Theory of causation
Jaymeeni Patel filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) following a Hepatitis A/Hepatitis B vaccine received on April 11, 2012. The public decision does not describe the specific onset of symptoms, clinical presentation, diagnostic tests, or treatments. The respondent denied causation. The parties entered into a joint stipulation for damages, agreeing to a settlement. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner $129,837.34. The stipulation states the injury is related to the Vaccine Injury Table. Petitioner was represented by Elizabeth Martin Muldowney, and respondent was represented by Darryl R. Wishard. The decision date was September 23, 2016.
Source PDFs
USCOURTS-cofc-1_15-vv-00318