Emily Dickson v. HHS - Influenza, bilateral shoulder injuries (2018)
Case summary [AI summaries can sometimes make mistakes]
Emily Dickson filed a petition for compensation under the National Vaccine Injury Compensation Program on February 24, 2017, alleging that she suffered bilateral shoulder injuries resulting from adverse effects of the influenza and pneumococcal conjugate vaccinations. The petition stated that the vaccines were administered in the United States, that her injuries lasted for more than six months, and that she had not filed a civil action or received compensation for her injuries.
The respondent denied that the influenza or pneumococcal conjugate immunizations caused petitioner's alleged shoulder injuries or any other injury or her current condition. On September 12, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Emily Dickson was awarded a lump sum of $125,000.00, payable to petitioner, as compensation for all items of damages available under the Vaccine Act.
The decision was issued on October 24, 2018. Petitioner's counsel was Amy A.
Senerth of Muller Brazil, LLP, and respondent's counsel was Justine Elizabeth Walters of the U.S. Department of Justice.
The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or the specific mechanism of injury. The specific theory of causation is not detailed in the public decision.
Theory of causation
Petitioner Emily Dickson alleged bilateral shoulder injuries resulting from adverse effects of the influenza and pneumococcal conjugate vaccinations. Respondent denied causation. The parties filed a joint stipulation on September 12, 2018, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $125,000.00 to petitioner for all damages under the Vaccine Act. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied causation. The decision date was October 24, 2018. Attorneys involved were Amy A. Senerth for petitioner and Justine Elizabeth Walters for respondent.
Source PDFs
USCOURTS-cofc-1_17-vv-00267