Carole Batson v. HHS - Influenza, shoulder injury (2016)
Case summary [AI summaries can sometimes make mistakes]
Carole Batson filed a petition for compensation under the National Vaccine Injury Compensation Program on April 22, 2016, alleging that she suffered a shoulder injury as a result of receiving an influenza vaccine on January 9, 2013. The petition stated that the vaccination occurred in the United States, that the effects of the injury lasted more than six months, and that no compensation had been received for the vaccine-related injury.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Batson's shoulder injury or any other injury or condition.
On April 21, 2016, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the Court's decision.
Ms. Batson was awarded a lump sum of $80,000.00, payable by check to Ms.
Batson, representing compensation for all items of damages available under the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Petitioner was represented by Tara C. O’Mahoney, and respondent was represented by Lara A.
Englund.
Theory of causation
Petitioner Carole Batson alleged a shoulder injury resulting from an influenza vaccine received on January 9, 2013. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $80,000.00 as a lump sum. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony. The case was resolved via stipulation.
Source PDFs
USCOURTS-cofc-1_15-vv-01531