Kara Douglas v. HHS - Influenza, left shoulder injury (2018)
Case summary [AI summaries can sometimes make mistakes]
Kara Douglas filed a petition on December 13, 2016, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a left shoulder injury as a result of receiving an influenza vaccination on October 14, 2015.
Ms. Douglas further claimed that she experienced residual effects of this injury for more than six months and that no prior award or settlement had been made for her condition.
The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Ms. Douglas's left shoulder injury or any other injury.
Despite the respondent's denial, on February 13, 2018, both parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.
Ms. Douglas was awarded a lump sum of $51,245.24, payable by check to the petitioner, as compensation for all items of damages.
The decision was issued on May 4, 2018. Petitioner was represented by Danielle Strait of Maglio Christopher & Toale, PA, and respondent was represented by Sarah Christina Duncan of the U.S.
Department of Justice.
Theory of causation
Petitioner Kara Douglas alleged a left shoulder injury resulting from an influenza vaccination administered on October 14, 2015. The respondent denied causation. The parties filed a joint stipulation on February 13, 2018, agreeing to an award of compensation. The Chief Special Master adopted the stipulation. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments. The award was $51,245.24 as a lump sum. The decision date was May 4, 2018. Petitioner's counsel was Danielle Strait, and respondent's counsel was Sarah Christina Duncan. The Special Master was Nora Beth Dorsey.
Source PDFs
USCOURTS-cofc-1_16-vv-01638