Janice Elliott v. HHS - Influenza, left shoulder injury (2016)
Case summary [AI summaries can sometimes make mistakes]
On October 28, 2015, Janice Elliott filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury caused by her influenza vaccination on December 1, 2014. Ms.
Elliott claimed her injury persisted for more than six months and that she had received no prior compensation. The respondent denied that the flu vaccine caused her injury.
Despite the respondent's denial, the parties filed a joint stipulation for compensation on August 16, 2016. The court, through Chief Special Master Nora Beth Dorsey, reviewed the stipulation and found it reasonable.
The decision adopted the stipulation, awarding Janice Elliott $105,000.00 as compensation for all damages. This lump sum was to be paid via check to the petitioner.
The decision date was October 31, 2016. Petitioner's counsel was Paul R.
Brazil of Muller Brazil, LLP, and respondent's counsel was Traci R. Patton of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments received by Ms.
Elliott.
Theory of causation
Petitioner Janice Elliott alleged that her December 1, 2014, influenza vaccination caused a left shoulder injury that persisted for more than six months. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by the court. The stipulation did not detail a specific theory of causation or name any experts. The award was $105,000.00 for all damages. Chief Special Master Nora Beth Dorsey issued the decision on October 31, 2016. Petitioner was represented by Paul R. Brazil, and respondent by Traci R. Patton. The specific mechanism of injury and whether it fell under a "Table" injury were not described in the public decision.
Source PDFs
USCOURTS-cofc-1_15-vv-01276