James H. Daly v. HHS - Influenza, brachial plexopathy (2016)
Case summary [AI summaries can sometimes make mistakes]
On September 25, 2015, James H. Daly filed a petition under the National Vaccine Injury Compensation Program, alleging he suffered from brachial plexopathy as a result of receiving an influenza vaccine on October 2, 2013.
He further alleged that the residual effects of this injury persisted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Mr.
Daly's alleged brachial plexopathy or any other injury. Despite maintaining their respective positions, both parties agreed to settle the matter.
They stipulated that the influenza vaccine is listed on the Vaccine Injury Table. The Special Master reviewed the file and found the stipulation to be reasonable, adopting its terms as the decision in the case.
The stipulation awarded James H. Daly a lump sum of $115,000.00 as compensation for all damages.
Petitioner was represented by Kristin M. Cafferty of Habush, Habush & Rottier, S.C., and Respondent was represented by Ann D.
Martin of the U.S. Department of Justice.
Special Master Brian H. Corcoran issued the decision on September 22, 2016.
Theory of causation
Petitioner James H. Daly received an influenza vaccine on October 2, 2013, and alleged he suffered from brachial plexopathy, with residual effects lasting more than six months. Respondent denied causation. The parties stipulated to settle the case, agreeing that the influenza vaccine is on the Vaccine Injury Table. The Special Master adopted the stipulation, awarding $115,000.00 in lump sum compensation for all damages. Petitioner's counsel was Kristin M. Cafferty, and Respondent's counsel was Ann D. Martin. Special Master Brian H. Corcoran issued the decision on September 22, 2016. The public decision does not describe the specific medical mechanism of injury, expert testimony, or detailed clinical findings.
Source PDFs
USCOURTS-cofc-1_15-vv-01076