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

Filed 2018-03-01Decided 2018-05-16Vaccine 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.

Theory of causation

Petitioner Hillary Adams alleged that her left shoulder injuries were caused by an influenza vaccine received on October 20, 2015. The respondent denied causation. The case was settled via joint stipulation, resulting in an award of $60,576.00. This case was processed as a "Table" claim, as influenza vaccines are listed on the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. The stipulation, dated March 1, 2018, and the decision by Chief Special Master Nora Beth Dorsey on May 16, 2018, reflect the settlement. Petitioner's counsel was Andrew Downing, and respondent's counsel was Lara Ann Englund.

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