Alyssa Hilt v. HHS - Influenza, right shoulder injury (2019)
Case summary [AI summaries can sometimes make mistakes]
Alyssa Hilt filed a petition for compensation under the National Vaccine Injury Compensation Program on June 15, 2017, alleging she suffered a right shoulder injury as a result of an influenza vaccine received on October 19, 2015. She further alleged that the sequelae of her injury lasted for more than six months.
The respondent denied that the vaccine caused or significantly aggravated her alleged injury. Nevertheless, on January 23, 2019, the parties filed a joint stipulation agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Ms.
Hilt was awarded a lump sum of $160,000.00, representing compensation for all items of damages available under the Vaccine Act. The award was made in the form of a check payable to Ms.
Hilt. Petitioner counsel was Shealene Priscilla Wasserman of Muller Brazil, LLP, and respondent counsel was Darryl R.
Wishard of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Alyssa Hilt received an influenza vaccine on October 19, 2015, and alleged a resulting right shoulder injury (SIRVA) with sequelae lasting more than six months. Respondent denied causation or significant aggravation. The parties filed a joint stipulation on January 23, 2019, agreeing to an award. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $160,000.00 as a lump sum payable to petitioner. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation, other than the parties' agreement to compensation. Petitioner counsel was Shealene Priscilla Wasserman, and respondent counsel was Darryl R. Wishard.
Source PDFs
USCOURTS-cofc-1_17-vv-00810