Frankie Reese v. HHS - Influenza, brachial plexopathy (2019)
Case summary [AI summaries can sometimes make mistakes]
Frankie Reese filed a petition for compensation under the National Vaccine Injury Program on May 7, 2018, alleging that she suffered brachial plexopathy as a result of receiving an influenza vaccine on September 26, 2016. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the alleged injury.
Despite maintaining their respective positions, the parties reached a stipulation to settle the case. The stipulation provided for a decision to be entered awarding compensation to the petitioner.
Special Master Thomas L. Gowen adopted the parties' stipulation.
The decision awarded Frankie Reese compensation in the amount of $28,000.00, payable as a lump sum in the form of a check to the petitioner, representing all damages available under 42 U.S.C. § 300aa-15(a). Petitioner's counsel was Paul R.
Brazil of Muller Brazil, LLP. Respondent's counsel was Alexis B.
Babcock of the Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Frankie Reese alleged that she suffered brachial plexopathy as a result of receiving an influenza vaccine on September 26, 2016. The respondent denied causation. The parties reached a stipulation for award, settling the case. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The award was $28,000.00, payable as a lump sum check to the petitioner, representing all damages. The decision was issued by Special Master Thomas L. Gowen on August 15, 2019. Petitioner was represented by Paul R. Brazil, and respondent was represented by Alexis B. Babcock.
Source PDFs
USCOURTS-cofc-1_18-vv-00647