Dawn Eberhardt v. HHS - Influenza, left shoulder injury and brachial neuritis (2020)
Case summary [AI summaries can sometimes make mistakes]
Dawn Eberhardt filed a petition for compensation on February 7, 2020, alleging that she suffered a left shoulder injury and brachial neuritis caused by an influenza vaccination administered on October 8, 2015. Ms.
Eberhardt stated that the vaccine was administered within the United States, that she experienced residual effects for more than six months, and that she had no prior award or settlement for this condition. The respondent denied that the brachial neuritis or left shoulder injury was caused by the flu vaccination and further denied that the petitioner sustained a Table Shoulder Injury Related to Vaccine Administration (SIRVA).
Despite these positions, the parties filed a joint stipulation on February 3, 2020, agreeing to settle the case and award compensation. Chief Special Master Brian H.
Corcoran adopted the stipulation, awarding Dawn Eberhardt a lump sum of $75,000.00 for all items of damages. The decision was issued on March 9, 2020.
Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Debra A.
Filteau Begley of the U.S. Department of Justice.
Theory of causation
Petitioner Dawn Eberhardt alleged that an influenza vaccine received on October 8, 2015, caused-in-fact a left shoulder injury and brachial neuritis (BN), with residual effects lasting more than six months. Respondent denied causation and denied the injury was a Table Shoulder Injury Related to Vaccine Administration (SIRVA). The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $75,000.00 for all damages. The public decision does not describe the specific medical experts, clinical details of the injury onset or progression, diagnostic tests, or treatments. The theory of causation is described as 'Off-Table' in the provided database fields, indicating it was not a condition listed on the Vaccine Injury Table. Petitioner counsel was Amy A. Senerth, and respondent counsel was Debra A. Filteau Begley. The decision date was March 9, 2020.
Source PDFs
USCOURTS-cofc-1_18-vv-00432