Dorothy Shepard v. HHS - Influenza, shoulder injury (2016)
Case summary [AI summaries can sometimes make mistakes]
Dorothy Shepard filed a petition for compensation under the National Vaccine Injury Compensation Program on August 13, 2015, alleging she suffered a shoulder injury as a result of an influenza vaccine received on October 21, 2014. She further alleged that her injury lasted more than six months.
The respondent denied that the immunization caused her injury or any other injury or current condition. Nevertheless, on September 1, 2016, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.
The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Ms.
Shepard was awarded a lump sum of $5,000.00 as compensation for all items of damages available under the Vaccine Act. The decision was entered on November 2, 2016.
Petitioner counsel was Maximillian J. Muller of Muller Brazil, LLP.
Respondent counsel was Justine Elizabeth Walters of the U.S. Department of Justice.
The Special Master was Nora Beth Dorsey.
Theory of causation
Petitioner Dorothy Shepard alleged a shoulder injury resulting from an influenza vaccine administered on October 21, 2014, with the injury lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury, onset, symptoms, diagnostic tests, or treatments. Petitioner was awarded a lump sum of $5,000.00 for all damages under the Vaccine Act. The decision date was November 2, 2016. Petitioner's counsel was Maximillian J. Muller, and respondent's counsel was Justine Elizabeth Walters.
Source PDFs
USCOURTS-cofc-1_15-vv-00879