Sarah D. Murray v. HHS - Varicella, varicella (2018)
Case summary [AI summaries can sometimes make mistakes]
Sarah D. Murray filed a petition on March 17, 2017, on behalf of her minor daughter, C.E.M., seeking compensation under the National Vaccine Injury Compensation Program.
The petition alleged that the varicella vaccine administered to C.E.M. on November 13, 2015, caused C.E.M. to develop varicella, and that C.E.M. experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged varicella or any other injury.
However, the parties reached a stipulation for award. The stipulation stated that Petitioner would receive a lump sum payment of $3,000.00 for all damages.
Special Master Herbrina Sanders found the stipulation to be reasonable and adopted it as the decision of the Court. Judgment was to be entered in accordance with the stipulation, as both parties renounced their right to seek review.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by Matthew J.
Williams of Hodsdon & Ayer, and Respondent was represented by Ilene C. Albala of the United States Department of Justice.
Theory of causation
Petitioner Sarah D. Murray filed on behalf of minor C.E.M. alleging that the varicella vaccine administered on November 13, 2015, caused C.E.M. to develop varicella, with residual effects lasting over six months. The theory of causation is based on the Vaccine Injury Table. Respondent denied causation. The parties stipulated to an award of $3,000.00. Special Master Herbrina Sanders adopted the stipulation as the decision of the Court. The public decision does not name experts or describe the specific mechanism of injury, onset, symptoms, tests, or treatments.
Source PDFs
USCOURTS-cofc-1_17-vv-00361