Aimee Nichols v. HHS - Influenza, left shoulder injuries, to include tendinopathy and adhesive capsulitis (2018)
Case summary [AI summaries can sometimes make mistakes]
On May 2, 2017, Aimee Nichols filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she suffered left shoulder injuries, including tendinopathy and adhesive capsulitis, caused by her influenza vaccine administered on October 1, 2015.
Petitioner further alleged that she suffered residual effects of her injury for more than six months and that there had been no prior award or settlement of a civil action for damages on her behalf. Respondent denied that the flu vaccine caused petitioner's alleged left shoulder injuries or any other injury, and further denied that petitioner's disabilities were sequelae of a vaccine-related injury.
On March 7, 2018, the parties filed a joint stipulation for compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.
Pursuant to the stipulation, the Chief Special Master awarded Aimee Nichols a lump sum of $140,000.00, payable to petitioner, as compensation for all items of damages. This decision was issued on June 12, 2018.
Petitioner was represented by Alison H. Haskins of Maglio Christopher & Toale, PA, and respondent was represented by Lisa Ann Watts of the U.S.
Department of Justice. The case proceeded as a Table claim for Shoulder Injury Related to Vaccine Administration (SIRVA).
Theory of causation
Petitioner Aimee Nichols alleged that an October 1, 2015 influenza vaccine caused left shoulder injuries, including tendinopathy and adhesive capsulitis. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The case proceeded as a Table claim for SIRVA. Petitioner was awarded $140,000.00 in a lump sum. The decision date was June 12, 2018. Petitioner's counsel was Alison H. Haskins, and respondent's counsel was Lisa Ann Watts.
Source PDFs
USCOURTS-cofc-1_17-vv-00591