Karl Zimmerman v. HHS - Influenza, shoulder injury (2016)

Filed 2015-07-30Decided 2016-05-18Vaccine Influenza
compensated$120,000

Case summary [AI summaries can sometimes make mistakes]

Karl Zimmerman filed a petition for compensation under the National Vaccine Injury Compensation Program on July 30, 2015, alleging that he suffered an injury to his right shoulder as a result of an influenza vaccine he received on October 15, 2012. He further alleged that he experienced residual effects of his injury for more than six months.

The respondent denied that the flu vaccine caused his alleged injuries and residual effects. Nevertheless, the parties filed a joint stipulation on May 18, 2016, agreeing that a decision should be entered awarding compensation.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the court. The stipulation provided for a lump sum payment of $120,000.00, payable to Mr.

Zimmerman, to compensate for all items of damages available under the Vaccine Act. The decision was based on the joint stipulation of the parties.

Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent's counsel was Julia Wernett McInerny of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation

Karl Zimmerman filed a petition alleging a right shoulder injury from an influenza vaccine administered on October 15, 2012, with residual effects lasting over six months. The respondent denied causation. The parties submitted a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $120,000.00. The specific theory of causation, medical experts, and mechanism of injury were not detailed in the public decision, as the case was resolved via stipulation. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Julia Wernett McInerny. The decision date was May 18, 2016.

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