Karen Jehlen v. HHS - Influenza, shoulder injuries (2016)
Case summary [AI summaries can sometimes make mistakes]
Karen Jehlen filed a petition on October 1, 2015, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that her influenza vaccination on September 20, 2014, caused shoulder injuries that persisted for more than six months.
Ms. Jehlen also stated she had not received any prior compensation for these damages.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her injury or any other condition. Despite the respondent's denial, the parties filed a joint stipulation on August 22, 2016, agreeing to an award of compensation.
Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the Court's decision. Ms.
Jehlen was awarded a lump sum of $75,000.00, payable by check, as compensation for all items of damages. The decision was finalized on November 1, 2016.
The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses. Petitioner was represented by Maximillian J.
Muller of Muller Brazil, LLP, and respondent was represented by Heather Lynn Pearlman of the U.S. Department of Justice.
Theory of causation
Petitioner Karen Jehlen alleged that her September 20, 2014, influenza vaccination caused shoulder injuries. The condition allegedly persisted for more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $75,000.00 as a lump sum. The public decision does not specify the theory of causation, whether it was on or off the Vaccine Injury Table, or name any medical experts. The decision date was November 1, 2016. Petitioner's counsel was Maximillian J. Muller, and respondent's counsel was Heather Lynn Pearlman.
Source PDFs
USCOURTS-cofc-1_15-vv-01107