Carol Byrd v. HHS - Influenza, shoulder injury (2016)
Case summary [AI summaries can sometimes make mistakes]
Carol Byrd filed a petition for compensation under the National Vaccine Injury Compensation Program on June 30, 2015, alleging that she suffered a shoulder injury as a result of her January 7, 2013 influenza vaccination. The respondent denied that the flu vaccine caused her injury.
However, on April 4, 2016, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.
The parties stipulated that Carol Byrd would receive a lump sum of $75,000.00, payable by check to petitioner, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments.
Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Douglas Ross of the U.S.
Department of Justice. Judgment was to be entered accordingly.
Theory of causation
Petitioner Carol Byrd alleged a shoulder injury resulting from her January 7, 2013 influenza vaccination. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The public text does not specify the theory of causation, the mechanism of injury, or any expert testimony. The stipulation resulted in an award of $75,000.00 for all damages. The decision was issued on May 19, 2016, based on the stipulation filed April 4, 2016. Petitioner's counsel was Maximillian J. Muller, and respondent's counsel was Douglas Ross.
Source PDFs
USCOURTS-cofc-1_15-vv-00681