Nancy Sweeney v. HHS - Influenza, left shoulder injuries, including Parsonage-Turner Syndrome (“PTS”) (2017)

Filed 2016-09-28Decided 2017-12-08Vaccine Influenza
compensated$75,000

Case summary [AI summaries can sometimes make mistakes]

Nancy Sweeney filed a petition for compensation under the National Vaccine Injury Compensation Program on September 28, 2016. She alleged that she suffered left shoulder injuries, including Parsonage-Turner Syndrome (PTS), caused in-fact by an influenza vaccine administered on October 2, 2014.

Ms. Sweeney asserted that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement.

The respondent denied that the flu vaccine caused her alleged PTS or any other injury, and further denied that her current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation on April 26, 2017, agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the Court's decision. Ms.

Sweeney was awarded a lump sum of $75,000.00, payable to her, as compensation for all damages. The decision was issued on December 8, 2017.

Paul R. Brazil represented the petitioner, and Lisa A.

Watts represented the respondent.

Theory of causation

Petitioner Nancy Sweeney alleged that an influenza vaccine administered on October 2, 2014, caused her left shoulder injuries, including Parsonage-Turner Syndrome (PTS). The respondent denied that the vaccine caused the alleged injury. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The decision does not describe the specific medical mechanism, onset, symptoms, tests, or treatments related to the alleged injury. No experts were named in the public text. The award was $75,000.00 as a lump sum for all damages. The theory of causation was considered off-Table. The decision date was December 8, 2017, and the petition was filed on September 28, 2016. Attorneys involved were Paul R. Brazil for the petitioner and Lisa A. Watts for the respondent.

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