Debra H. Childress v. HHS - Influenza, permanent indentation in her left shoulder (2020)
Case summary [AI summaries can sometimes make mistakes]
Debra H. Childress filed a petition on October 31, 2018, alleging that she suffered a permanent indentation in her left shoulder as a result of receiving influenza and Tdap vaccines in her left shoulder on October 14, 2016.
She further alleged that she experienced residual effects of this injury for more than six months. The respondent denied that the vaccines caused a permanent indentation or any other injury.
Nevertheless, on July 6, 2020, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H.
Corcoran found the stipulation reasonable and adopted it as the court's decision. Pursuant to the stipulation, Debra H.
Childress was awarded a lump sum of $12,000.00 as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.
Petitioner was represented by Elizabeth Martin Muldowney of Sands Anderson PC, and respondent was represented by Lynn Christina Schlie of the U.S. Department of Justice.
Theory of causation
Petitioner Debra H. Childress alleged that on October 14, 2016, she received influenza and Tdap vaccines in her left shoulder, resulting in a permanent indentation in that shoulder and residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation on July 6, 2020, agreeing to an award of compensation. The Special Master adopted the stipulation. Petitioner was awarded $12,000.00 as a lump sum. The theory of causation is based on the Vaccine Injury Table (SIRVA). The public decision does not name specific medical experts or detail the mechanism of injury beyond the general category of SIRVA. Petitioner was represented by Elizabeth Martin Muldowney, and respondent was represented by Lynn Christina Schlie. Chief Special Master Brian H. Corcoran issued the decision on August 5, 2020.
Source PDFs
USCOURTS-cofc-1_18-vv-01677