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 August 18, 2016.
Source PDFs
USCOURTS-cofc-1_15-vv-01076