Dennis Harborth v. HHS - Influenza, joint pain, myalgias, arthralgias, fatigue, and impaired endurance (2015)
Case summary [AI summaries can sometimes make mistakes]
Dennis Harborth filed a petition on October 30, 2008, alleging that an influenza vaccine he received on November 1, 2005 caused him to develop joint pain, myalgias, arthralgias, fatigue, and impaired endurance beginning on or about November 12, 2005, and that he experienced residual effects of those conditions for more than six months. Mr.
Harborth died on March 12, 2013. On April 3, 2013, the court granted a motion to substitute Emily Harborth, as independent executrix of the Estate of Dennis Harborth, as petitioner.
The parties filed a joint stipulation on September 16, 2015. Respondent denied that the flu vaccination caused Mr.
Harborth's alleged injuries or his death. Nevertheless, the parties agreed to resolve the case through stipulation.
Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court. The Estate of Dennis Harborth, through Emily Harborth as executrix, received a lump sum payment of $11,000.00 representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
Theory of causation
Flu vaccine Nov 1, 2005 → joint pain, myalgias, arthralgias, fatigue, impaired endurance (onset ~Nov 12, 2005; residual >6 months). Dennis Harborth died March 12, 2013; Emily Harborth (executrix) substituted. Resolved by joint stipulation Sept 16, 2015. Respondent denied causation. Lump sum $11,000 to estate. SM Gowen. Dates correct.
Source PDFs
USCOURTS-cofc-1_08-vv-00777