Lorene Scott v. HHS - Influenza, shoulder injury (2016)

Filed 2016-01-13Decided 2016-09-26Vaccine Influenza
compensated$83,000

Case summary [AI summaries can sometimes make mistakes]

Lorene Scott filed a petition for compensation under the National Vaccine Injury Compensation Program on January 13, 2016, alleging she suffered a shoulder injury following receipt of an influenza vaccination on October 8, 2013. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused the petitioner's injury.

Despite this denial, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

Ms. Scott was awarded a lump sum of $83,000.00 for all items of damages.

Separately, on January 19, 2016, the parties filed a stipulation concerning attorneys' fees and costs. The Chief Special Master approved and awarded a total of $15,632.83 for attorneys' fees and costs, payable jointly to petitioner and her counsel, Muller Brazil, LLP.

The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or the mechanism of injury. Petitioner was represented by Maximilian Muller of Muller Brazil, LLP, and respondent was represented by Justine Walters of the U.S.

Department of Justice.

Theory of causation

Petitioner Lorene Scott alleged a shoulder injury following an influenza vaccination on October 8, 2013. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $83,000.00 for all damages. Attorneys' fees and costs of $15,632.83 were also awarded. The specific theory of causation, medical experts, or detailed mechanism of injury were not described in the public decision, as the case was resolved via stipulation. The decision date was September 26, 2016. Petitioner's counsel was Maximilian Muller of Muller Brazil, LLP, and respondent's counsel was Justine Walters of the U.S. Department of Justice.

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