Jody R. Smith v. HHS - Influenza, exacerbation of chronic pain and myalgia (2017)
Case summary [AI summaries can sometimes make mistakes]
Jody R. Smith, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on October 6, 2016.
She alleged that an influenza vaccine administered on or about November 27, 2015, caused an exacerbation of her chronic pain and myalgia. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's alleged injury or any other injury, and further denied that her alleged current injuries were a sequela of a vaccine-related injury.
Despite these denials, the parties filed a joint stipulation on March 9, 2017, recommending an award of compensation. Special Master Thomas L.
Gowen found the stipulation reasonable and adopted it as the decision of the Court. The stipulation provided for a lump sum payment of $17,500.00, payable to Ms.
Jody R. Smith, representing compensation for all damages available under the Vaccine Act.
The Clerk of the Court was directed to enter judgment in accordance with the stipulation. Petitioner was represented by Nancy Routh Meyers of Ward Black Law, and respondent was represented by Colleen Clemons Hartley of the U.S.
Department of Justice.
Theory of causation
Petitioner Jody R. Smith received an influenza vaccine on or about November 27, 2015. She alleged that this vaccine caused an exacerbation of chronic pain and myalgia. The respondent denied causation. The parties filed a joint stipulation recommending compensation, which Special Master Thomas L. Gowen adopted as the decision of the Court. The stipulation awarded petitioner $17,500.00 as a lump sum. The specific theory of causation, medical experts, clinical details of the alleged injury, onset, symptoms, tests, treatments, or the mechanism of injury were not described in the public decision. The decision was based on a joint stipulation between petitioner Jody R. Smith, represented by Nancy Routh Meyers, and respondent, represented by Colleen Clemons Hartley.
Source PDFs
USCOURTS-cofc-1_16-vv-01282