Sheryl Askins v. HHS - Influenza, brachial neuritis (2024)
Case summary [AI summaries can sometimes make mistakes]
Sheryl Askins filed a petition on September 24, 2021, alleging that she suffered brachial neuritis as a result of receiving an influenza vaccine on December 4, 2018. The respondent, the Secretary of Health and Human Services, denied that Ms.
Askins sustained brachial neuritis, that the vaccine caused her alleged shoulder injury, or that her current condition is a sequela of a vaccine-related injury. Despite these denials, the parties reached a stipulation recommending an award of compensation to Ms.
Askins. Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.
Ms. Askins was awarded a lump sum of $63,500.00, payable to her, as compensation for all damages available under the National Vaccine Injury Compensation Program.
The parties agreed to waive their right to seek review, and judgment was entered accordingly. Petitioner counsel was Laura Levenberg of Muller Brazil, and respondent counsel was Mary Novakovic of the U.S.
Department of Justice. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the medical experts consulted.
Theory of causation
Petitioner Sheryl Askins alleged brachial neuritis following an influenza vaccine administered on December 4, 2018. Respondent denied the injury, causation, and sequela. The parties stipulated to an award of $63,500.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The Special Master adopted the stipulation, and judgment was entered. Petitioner counsel: Laura Levenberg. Respondent counsel: Mary Novakovic. Special Master: Nora Beth Dorsey. Decision Date: July 2, 2024.