Daniele Tucker v. HHS - Influenza, right shoulder injury (2018)
Case summary [AI summaries can sometimes make mistakes]
Daniele Tucker filed a petition on April 25, 2017, alleging she suffered a right shoulder injury as a result of receiving an influenza vaccination in September 2015. The respondent denied that the flu vaccine caused her injury.
The parties, represented by Andrew Donald Downing for the petitioner and Heather Lynn Pearlman for the respondent, filed a joint stipulation on December 11, 2018. In the stipulation, they agreed that a decision should be entered awarding compensation to Ms.
Tucker. The stipulation awarded a lump sum of $30,000.00, payable to the petitioner, to cover all damages.
Special Master Thomas L. Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.
Judgment was ordered to be entered in accordance with the stipulation, and both parties waived their right to seek review. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert testimony.
Theory of causation
Petitioner Daniele Tucker alleged a right shoulder injury following an influenza vaccination in September 2015. Respondent denied causation. The parties filed a joint stipulation agreeing to compensation. The stipulation awarded a lump sum of $30,000.00 for all damages. Special Master Thomas L. Gowen adopted the stipulation as the decision of the Court on December 11, 2018. The public text does not specify the theory of causation, medical experts, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_17-vv-00566