Marylin Smith v. HHS - Influenza, left shoulder injury (2018)
Case summary [AI summaries can sometimes make mistakes]
Marylin Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on August 8, 2016, alleging that she suffered a left shoulder injury caused by her influenza vaccination on October 7, 2015. She claimed residual effects for more than six months.
The respondent denied that the flu vaccine caused her injury or its residual effects. Nevertheless, the parties filed a joint stipulation on August 25, 2017, agreeing that compensation should be awarded.
The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the court's decision. Pursuant to the stipulation, Marylin Smith was awarded a lump sum of $132,000.00, payable by check, for all items of damages.
The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses. Petitioner was represented by Michael Adly Baseluos, and respondent was represented by Adriana Ruth Teitel.
Theory of causation
Petitioner Marylin Smith alleged that her left shoulder injury, resulting in residual effects for more than six months, was caused-in-fact by her October 7, 2015, influenza vaccination. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The award was $132,000.00. The theory of causation is identified as 'Off-Table' in the provided data. The public decision does not detail the specific mechanism of injury, medical experts, or the evidence considered beyond the stipulation.
Source PDFs
USCOURTS-cofc-1_16-vv-00961