Hillary Adams v. HHS - Influenza, left shoulder injuries (2018)

Filed 2017-04-04Decided 2018-03-01Vaccine Influenza
compensated$60,576

Case summary [AI summaries can sometimes make mistakes]

Hillary Adams filed a petition for compensation under the National Vaccine Injury Compensation Program on April 4, 2017, alleging that her left shoulder was injured by an influenza vaccine she received on October 20, 2015. Petitioner alleged that she experienced residual effects of these injuries for more than six months and that there had been no prior award or settlement of a civil action for damages as a result of her condition.

The respondent denied that the flu vaccine caused petitioner's shoulder injury or any other injury or her current condition. Despite this denial, the parties reached a joint stipulation for settlement on March 1, 2018.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, a lump sum of $60,576.00 was awarded to Hillary Adams, payable to petitioner.

This amount represents compensation for all items of damages available under 42 U.S.C. § 300aa-15(a). The stipulation also addressed future proceedings for attorneys' fees and costs.

In exchange for the payment, Hillary Adams released the United States and the Secretary of Health and Human Services from further claims related to this vaccination. The case proceeded as a Table claim, as influenza vaccines are listed on the Vaccine Injury Table.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by Andrew Downing of Van Cott & Talamante, PLLC, and respondent was represented by Lara Ann Englund of the U.S.

Department of Justice.

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