Diana Myers v. HHS - Influenza, bilateral shoulder injuries (2023)
Case summary [AI summaries can sometimes make mistakes]
Diana Myers filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021, alleging that she developed bilateral shoulder injuries after receiving influenza and Tdap vaccines on November 8, 2018. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused Ms.
Myers's alleged injuries. The public decision does not describe the specific onset of symptoms, clinical details of the injuries, diagnostic tests performed, or treatments received.
However, on October 17, 2023, the parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Brian H.
Corcoran adopted the stipulation, awarding Ms. Myers a lump sum of $105,000.00, payable by check, for all items of damages.
Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Madelyn Weeks of the U.S.
Department of Justice. This decision resolves the case by awarding compensation based on the parties' agreement.
Theory of causation
Petitioner Diana Myers received influenza and Tdap vaccines on November 8, 2018. She alleged that these vaccines caused bilateral shoulder injuries, which are listed on the Vaccine Injury Table. The respondent denied causation. The parties filed a joint stipulation on October 17, 2023, agreeing to compensation. The Special Master adopted the stipulation. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the fact that the vaccines are on the Table. The award was a lump sum of $105,000.00. Chief Special Master Brian H. Corcoran issued the decision. Petitioner's counsel was Leah VaSahnja Durant, and Respondent's counsel was Madelyn Weeks. The decision date was October 17, 2023.
Source PDFs
USCOURTS-cofc-1_21-vv-00231