Candace M. Berlin v. HHS - Influenza, left shoulder myositis (2018)
Case summary [AI summaries can sometimes make mistakes]
On February 17, 2017, Candace M. Berlin filed a Vaccine Program petition after receiving an influenza vaccine on September 9 or 10, 2015.
She alleged that the flu vaccination caused injuries including left shoulder myositis, that the residual effects lasted more than six months, and that she had not received any prior civil settlement or award for the condition. The public decision and attached stipulation provide only limited medical detail.
They identify the vaccine, the approximate vaccination date, and the alleged left shoulder myositis, but they do not describe onset, examinations, imaging, treatment, or the course of recovery. Respondent denied that the flu vaccine caused Berlin's left shoulder myositis or any other injury.
Despite maintaining those positions, the parties filed a joint stipulation on August 6, 2018. Special Master Christian J.
Moran found the stipulation reasonable and adopted it on August 8, 2018. Berlin was awarded a lump sum of $8,000.00, payable to her, representing all damages available under section 15(a).
Her attorney was Nancy R. Meyers of Ward Black Law in Greensboro, North Carolina.
Theory of causation
Influenza vaccine (September 9 or 10, 2015) alleged to cause injuries including left shoulder myositis. COMPENSATED by joint stipulation, not by respondent admission. Respondent denied that the flu vaccine caused left shoulder myositis or any other injury; public stipulation contains limited clinical facts and no onset/treatment narrative. Special Master Christian J. Moran adopted the stipulation on August 8, 2018. Award: $8,000.00 lump sum payable to Candace M. Berlin for all section 15(a) damages. Attorney: Nancy R. Meyers, Ward Black Law, Greensboro, NC.
Source PDFs
USCOURTS-cofc-1_17-vv-00230