Edwin J. Smith v. HHS - Influenza, brachial plexopathy (2019)
Case summary [AI summaries can sometimes make mistakes]
Petitioner Edwin J. Smith filed a petition for compensation on March 3, 2017, alleging that the influenza vaccine he received on October 2, 2014, caused him to suffer neurological injuries, specifically brachial plexopathy.
The influenza vaccine is listed on the Vaccine Injury Table, and Mr. Smith alleged that he suffered residual effects from this injury for more than six months.
Respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated his injury. Despite this denial, the parties filed a joint stipulation agreeing to a settlement.
Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
Mr. Smith was awarded a lump sum payment of $75,000.00, payable by check to the petitioner, as compensation for all damages.
The decision was filed on January 23, 2019. Petitioner was represented by David C.
Richards of Christensen & Jensen, P.C., and Respondent was represented by Camille Collett of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.
The specific mechanism of injury is not detailed in the public decision.
Theory of causation
Petitioner Edwin J. Smith alleged that the influenza vaccine received on October 2, 2014, caused brachial plexopathy, a condition listed on the Vaccine Injury Table, with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation for settlement. The Special Master adopted the stipulation as the decision of the Court. Petitioner was awarded $75,000.00 as compensation for all damages. The public decision does not name specific medical experts, detail the mechanism of injury, or describe the clinical course, diagnostic findings, or treatments. The theory of causation relied upon the Vaccine Injury Table. Special Master Christian J. Moran issued the decision on January 23, 2019. Petitioner's counsel was David C. Richards, and Respondent's counsel was Camille Collett.
Source PDFs
USCOURTS-cofc-1_17-vv-00302