Frenchell Henson v. HHS - Influenza, left shoulder injuries (2016)
Case summary [AI summaries can sometimes make mistakes]
Frenchell Henson filed a petition for compensation under the National Vaccine Injury Compensation Program on April 20, 2015, alleging that she suffered left shoulder injuries caused in fact by an influenza vaccine received on January 2, 2014. The respondent denied that the flu immunization caused the alleged shoulder injury or any other injury or condition.
The parties later filed a joint stipulation for damages, agreeing that petitioner should receive compensation. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the court's decision.
Petitioner was awarded a lump sum of $50,000.00 for all items of damages. Separately, a decision addressed attorneys' fees and costs, awarding $15,614.48 jointly to petitioner and her counsel, Paul Brazil of Muller Brazil, LLP.
Camille Collett of the U.S. Department of Justice represented the respondent.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The theory of causation is not detailed in the public decision.
Theory of causation
Petitioner Frenchell Henson alleged that an influenza vaccine administered on January 2, 2014, caused left shoulder injuries. Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. Chief Special Master Nora Beth Dorsey approved the stipulation. Petitioner was awarded $50,000.00 for all damages. Attorneys' fees and costs of $15,614.48 were awarded jointly to petitioner and counsel Paul Brazil. The public decision does not specify the medical mechanism of injury, expert testimony, or detailed factual basis for the alleged SIRVA (Shoulder Injury Related to Vaccine Administration) beyond the petitioner's allegation and the parties' stipulation. The theory of causation is unclear from the provided text.
Source PDFs
USCOURTS-cofc-1_15-vv-00398