Naomi Engel v. HHS - Influenza, left shoulder injury (2021)
Case summary [AI summaries can sometimes make mistakes]
Naomi Engel filed a petition for compensation under the National Vaccine Injury Program on September 15, 2016, alleging a left shoulder injury caused by an influenza vaccine she received on September 22, 2013. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the injury.
The parties reached a stipulation for an award, agreeing that the issues between them would be settled and that a decision awarding compensation to the petitioner would be entered. The stipulation provided for a lump sum payment of $12,500.00, payable to Naomi Engel by check, as compensation for all damages.
Special Master Thomas L. Gowen adopted the stipulation and awarded compensation accordingly.
The decision was filed on October 5, 2021. Petitioner counsel was Amy A.
Senerth of Muller Brazil, LLP, and respondent counsel was Colleen Clemons Hartley of the U.S. Department of Justice.
The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Naomi Engel alleged a left shoulder injury caused by an influenza vaccine received on September 22, 2013. The respondent denied causation. The parties stipulated to an award, with the respondent maintaining its position on causation. The stipulation provided for a lump sum of $12,500.00 to petitioner for all damages. Special Master Thomas L. Gowen adopted the stipulation on October 5, 2021. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_16-vv-01145