Blanche Boyd v. HHS - Influenza, left shoulder and brachial plexus injuries (2019)
Case summary [AI summaries can sometimes make mistakes]
Blanche Boyd filed a petition for compensation under the National Vaccine Injury Compensation Program on April 16, 2018, alleging that she suffered left shoulder and brachial plexus injuries as a result of an influenza vaccine received on October 24, 2016. The petition stated that the vaccine was administered in the United States, that she experienced residual effects of these injuries for more than six months, and that there had been no prior award or settlement of a civil action for damages.
The respondent, the Secretary of Health and Human Services, denied that the flu immunization caused the petitioner's alleged injuries. However, on December 20, 2019, the parties filed a joint stipulation for settlement.
Chief Special Master Brian H. Corcoran adopted the stipulation as the decision of the court.
Pursuant to the stipulation, Ms. Boyd was awarded a lump sum of $75,000.00, payable by check to the Petitioner.
This amount represents compensation for all items of damages available under the Vaccine Act. The decision was issued on December 23, 2019.
Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Ryan Daniel Pyles of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.
The case was processed as a Table claim, as the influenza vaccine is listed on the Vaccine Injury Table.
Source PDFs
USCOURTS-cofc-1_18-vv-00546