Shelly Plescia v. HHS - Influenza, left-shoulder injury (2018)
Case summary [AI summaries can sometimes make mistakes]
Shelly Plescia filed a petition on December 4, 2016, alleging a left-shoulder injury resulting from an influenza vaccine administered on or about October 10, 2014. The petition was amended on October 1, 2014.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the alleged injury or any other condition. Despite maintaining their respective positions, the parties filed a joint stipulation on August 6, 2018, agreeing to settle the issues and award compensation to Ms.
Plescia. The stipulation awarded a lump sum of $40,000.00, payable to Ms.
Plescia, as compensation for all damages. Special Master Thomas L.
Gowen adopted the stipulation as the decision of the Court and ordered judgment entered accordingly. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the mechanism of injury.
Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Amy Paula Kokot of the United States Department of Justice.
Theory of causation
Petitioner Shelly Plescia alleged a left-shoulder injury resulting from an influenza vaccine administered on or about October 10, 2014. Respondent denied causation. The parties filed a joint stipulation agreeing to settle the claim and award compensation. The stipulation awarded a lump sum of $40,000.00 to petitioner for all damages. Special Master Thomas L. Gowen adopted the stipulation. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_15-vv-01472