Jewel Dailey v. HHS - Influenza, left shoulder injury (2017)
Case summary [AI summaries can sometimes make mistakes]
Jewel Dailey filed a petition for compensation under the National Vaccine Injury Compensation Program on January 25, 2017, alleging that she suffered a left shoulder injury as a result of an influenza vaccine received on October 9, 2014. Ms.
Dailey further alleged that her injuries lasted more than six months. The respondent denied that the flu vaccine caused petitioner's alleged shoulder injury and residual effects, or any other injury.
Despite the respondent's denial, the parties filed a joint stipulation on January 25, 2017, agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.
Ms. Dailey was awarded a lump sum of $18,000.00, payable to her, as compensation for all items of damages available under the Vaccine Act.
The decision was based on the joint stipulation of the parties. Petitioner's counsel was Paul R.
Brazil of Muller Brazil, LLP, and respondent's counsel was Paul Elias Werner of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.
Theory of causation
Petitioner Jewel Dailey alleged a left shoulder injury resulting from an influenza vaccine administered on October 9, 2014, with injuries lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $18,000.00. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury, as the case was resolved via stipulation. Attorneys for petitioner were Paul R. Brazil and for respondent was Paul Elias Werner. The decision date was January 25, 2017.
Source PDFs
USCOURTS-cofc-1_16-vv-00319