Charles E. Sumner v. HHS - Influenza, brachial plexopathy (2018)

Filed 2016-11-14Decided 2018-07-03Vaccine Influenza
compensated$62,500

Case summary [AI summaries can sometimes make mistakes]

Charles E. Sumner filed a petition for compensation on November 14, 2016, on his own behalf, alleging that he suffered from brachial plexopathy as a result of an influenza vaccination he received on November 16, 2013.

He further alleged that he suffered residual effects of the condition for more than six months. Respondent denied that Petitioner’s alleged brachial plexopathy, its residual effects, or any other injury were caused-in-fact or aggravated by the influenza vaccine.

However, the parties filed a joint stipulation for award on June 7, 2018. Special Master Herbrina Sanders reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

Petitioner was awarded a lump sum of $62,500.00 as compensation for all damages. The parties agreed to the terms of the stipulation, and judgment was entered accordingly.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. Petitioner was represented by Mark T.

Sadaka of Sadaka Associates LLC, and Respondent was represented by Adriana Teitel of the United States Department of Justice.

Theory of causation

Petitioner Charles E. Sumner alleged brachial plexopathy following an influenza vaccination on November 16, 2013, with residual effects lasting more than six months. Respondent denied causation. The parties stipulated to an award, and Special Master Herbrina Sanders adopted the stipulation. Petitioner was awarded $62,500.00. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. The stipulation was filed on June 7, 2018, and the decision was issued on July 3, 2018. Petitioner's counsel was Mark T. Sadaka, and Respondent's counsel was Adriana Teitel.

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