L.F. v. HHS - Influenza, left shoulder/arm injuries (2019)
Case summary [AI summaries can sometimes make mistakes]
Petitioner L.F. filed a petition for compensation under the National Vaccine Injury Compensation Program on March 3, 2017, alleging that she suffered left shoulder/arm injuries causally related to an influenza vaccination received on October 12, 2015. Petitioner stated that the vaccination occurred in the United States, that the effects of her injury lasted for more than six months, and that she had not received other compensation for her alleged vaccine-caused injury.
The respondent denied that the flu vaccine caused petitioner's left shoulder injury or any other injury or condition. Nevertheless, on February 5, 2019, the parties filed a joint stipulation agreeing to an award of compensation.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The award totaled $146,706.40, consisting of a lump sum payment of $137,574.80 payable to the petitioner, and a lump sum payment of $9,131.60 to satisfy a Medicaid lien, payable jointly to the petitioner and Equian, LLC, with the petitioner agreeing to endorse this check to Equian, LLC.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the specific mechanism of injury. Petitioner was represented by Amber Diane Wilson of Maglio Christopher & Toale, PA, and respondent was represented by Christine Mary Becer of the U.S.
Department of Justice.
Theory of causation
Petitioner L.F. alleged left shoulder/arm injuries causally related to an influenza vaccination received on October 12, 2015. The respondent denied causation. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Nora Beth Dorsey on February 5, 2019. The award was $146,706.40, comprising a lump sum of $137,574.80 to the petitioner and $9,131.60 to satisfy a Medicaid lien. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. The case was settled via stipulation.
Source PDFs
USCOURTS-cofc-1_17-vv-00299