Cheryl M. Baker v. HHS - Influenza, adhesive capsulitis of her left shoulder (2019)

Filed 2017-11-17Decided 2019-04-17Vaccine Influenza
compensated$32,000

Case summary [AI summaries can sometimes make mistakes]

Cheryl M. Baker filed a petition for compensation under the National Vaccine Injury Compensation Program on November 17, 2017.

She alleged that she suffered adhesive capsulitis of her left shoulder, caused in fact by an influenza vaccination received on September 28, 2016. The respondent denied that the flu vaccine caused petitioner's alleged Shoulder Injury Related to Vaccine Administration (SIRVA) or any other injury, and further denied that her alleged current disabilities were a sequela of a vaccine-related injury.

Despite the respondent's denials, on February 21, 2019, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.

Pursuant to the stipulation, Cheryl M. Baker was awarded a lump sum of $32,000.00, payable to the petitioner, as compensation for all items of damages.

The decision was issued on April 17, 2019. Petitioner was represented by Stephen I.

Leshner of Stephen I. Leshner, P.C., and respondent was represented by Colleen Clemons Hartley of the U.S.

Department of Justice.

Theory of causation

Petitioner Cheryl M. Baker alleged that an influenza vaccination received on September 28, 2016, caused adhesive capsulitis of her left shoulder (SIRVA). The respondent denied causation. The parties filed a joint stipulation on February 21, 2019, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. Petitioner was awarded a lump sum of $32,000.00. The specific medical mechanism or expert testimony supporting the theory of causation was not detailed in the public decision, as the case was resolved via stipulation. The decision date was April 17, 2019. Petitioner's counsel was Stephen I. Leshner, and respondent's counsel was Colleen Clemons Hartley.

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