Marsha Shoreman v. HHS - Influenza, right shoulder injury (2016)
Case summary [AI summaries can sometimes make mistakes]
Marsha Shoreman filed a petition on November 12, 2015, alleging that she suffered a right shoulder injury as a result of an influenza vaccine she received on October 6, 2014. She further alleged that she suffered residual effects of this injury for more than six months and that no prior award or settlement had been made for her condition.
The respondent denied that the influenza vaccine caused the petitioner's alleged right shoulder injury or any other injury, and also denied that her current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denials, on June 30, 2016, both parties filed a joint stipulation agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. The stipulation stated that Marsha Shoreman would receive a lump sum of $67,000.00, payable by check to the petitioner, as compensation for all items of damages available under the National Vaccine Injury Compensation Program.
The decision was issued on August 16, 2016. Paul Brazil represented the petitioner, and Lisa Ann Watts represented the respondent.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the specific mechanism of injury.
Theory of causation
Petitioner Marsha Shoreman alleged a right shoulder injury resulting from an October 6, 2014, influenza vaccination, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation on June 30, 2016, agreeing to an award of compensation. The Special Master adopted the stipulation. Petitioner was awarded $67,000.00 as a lump sum. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied causation. The decision was issued by Chief Special Master Nora Beth Dorsey on August 16, 2016. Petitioner's counsel was Paul Brazil, and respondent's counsel was Lisa Ann Watts.
Source PDFs
USCOURTS-cofc-1_15-vv-01356