Mary Gallagher v. HHS - Influenza, left shoulder injury (2018)
Case summary [AI summaries can sometimes make mistakes]
Mary Gallagher filed a petition for compensation under the National Vaccine Injury Compensation Program on October 5, 2016, alleging that she suffered a left shoulder injury as a result of an influenza vaccine she received on October 22, 2014. Petitioner stated that the vaccine was administered in the United States, that she experienced residual effects from the injury for more than six months, and that she had not received a prior award or settlement for this injury.
The respondent denied that the flu vaccine caused petitioner's left shoulder injury or any other condition. On November 21, 2017, the parties filed a joint stipulation for damages.
Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the court. Pursuant to the stipulation, Mary Gallagher was awarded $73,470.00 as compensation for all items of damages.
The decision was issued on March 1, 2018. Petitioner was represented by Maximillian J.
Muller of Muller Brazil, LLP, and respondent was represented by Christine Mary Becer of the U.S. Department of Justice.
Theory of causation
Petitioner Mary Gallagher alleged a left shoulder injury resulting from an influenza vaccine administered on October 22, 2014. Respondent denied causation. The parties filed a joint stipulation for damages, which was approved by Chief Special Master Nora Beth Dorsey on March 1, 2018. The stipulation resulted in an award of $73,470.00. The specific medical theory of causation, expert testimony, onset of symptoms, clinical details, or mechanism of injury were not described in the provided public decision text, as the case was resolved via stipulation.
Source PDFs
USCOURTS-cofc-1_16-vv-01277