Janice Berkow v. HHS - Influenza, neurological symptoms, to include left shoulder neuritis (2019)
Case summary [AI summaries can sometimes make mistakes]
Petitioner Janice Berkow filed a petition on October 23, 2017, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she developed neurological symptoms, specifically left shoulder neuritis, as a result of receiving an influenza vaccine on August 19, 2016.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Berkow's alleged injuries.
Despite maintaining their respective positions, both parties agreed to settle the case and entered into a stipulation on December 13, 2018. Based on this stipulation, Special Master Katherine E.
Oler issued a decision awarding Ms. Berkow compensation.
The award included a lump sum of $35,000.00, intended to cover all damages available under the National Vaccine Injury Compensation Program. The decision was finalized on February 12, 2019.
Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and the respondent was represented by Jay All of the U.S. Department of Justice.
Theory of causation
Petitioner Janice Berkow alleged that an influenza vaccine administered on August 19, 2016, caused neurological symptoms, specifically left shoulder neuritis. The respondent denied causation. The parties entered into a stipulation on December 13, 2018, agreeing to settle the case and award compensation. Special Master Katherine E. Oler adopted the stipulation, awarding a lump sum of $35,000.00 to Petitioner Janice Berkow on February 12, 2019. The public decision does not describe the specific mechanism of injury, medical experts, clinical details of the onset or symptoms, diagnostic tests, or treatments.
Source PDFs
USCOURTS-cofc-1_17-vv-01587