Judith Schultz v. HHS - Influenza, shoulder injury (2016)
Case summary [AI summaries can sometimes make mistakes]
Judith Schultz filed a petition for compensation under the National Vaccine Injury Compensation Program on July 6, 2015, alleging that she suffered a shoulder injury caused by her September 22, 2014 influenza vaccination. She further alleged that she experienced residual effects of her injury for more than six months and that there had been no prior award or settlement of a civil action for damages on her behalf.
Respondent denied that the flu vaccine caused petitioner to suffer from a shoulder injury or any other injury. Despite the denial, the parties filed a joint stipulation on July 13, 2016, 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. Judith Schultz was awarded a lump sum of $110,000.00, payable to her, as compensation for all items of damages.
Maximillian Muller of Muller Brazil, LLP, represented the petitioner, and Douglas Ross of the U.S. Department of Justice represented the respondent.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Judith Schultz alleged a shoulder injury caused by her September 22, 2014 influenza vaccination, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which Chief Special Master Nora Beth Dorsey approved on October 3, 2016. Petitioner was awarded $110,000.00 as a lump sum. The specific theory of causation, medical experts, and mechanism of injury were not detailed in the public decision, which was based on a stipulation rather than litigation of entitlement. Petitioner was represented by Maximillian Muller (Muller Brazil, LLP), and respondent was represented by Douglas Ross (U.S. Department of Justice).
Source PDFs
USCOURTS-cofc-1_15-vv-00702