Megan Hitchner v. HHS - Influenza, brachial neuritis and/or brachial plexopathy (2023)
Case summary [AI summaries can sometimes make mistakes]
Megan Hitchner filed a petition on June 16, 2021, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she sustained brachial neuritis and/or brachial plexopathy as a result of receiving an influenza vaccine on October 7, 2019.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her condition or any other injury. Despite maintaining their respective positions, the parties reached a stipulation to settle the case.
The stipulation provided for a lump sum award of $100,000.00, payable to Ms. Hitchner, to compensate for all damages.
Special Master Thomas L. Gowen adopted the stipulation and ordered that judgment be entered in accordance with its terms.
The decision was filed on June 27, 2023. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses.
Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Matthew Murphy of the United States Department of Justice.
Theory of causation
Petitioner Megan Hitchner alleged that she sustained brachial neuritis and/or brachial plexopathy as a result of receiving an influenza vaccine on October 7, 2019. The respondent denied causation. The parties reached a stipulation for settlement, agreeing to an award of $100,000.00 for all damages. Special Master Thomas L. Gowen adopted the stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision was filed on June 27, 2023. Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Matthew Murphy.
Source PDFs
USCOURTS-cofc-1_21-vv-01479