Jacob McNorton v. HHS - Influenza, brachial neuritis (2014)

Filed 2013-01-15Decided 2014-11-26Vaccine Influenza
compensated$250,000

Case summary [AI summaries can sometimes make mistakes]

Jacob McNorton filed a petition on January 15, 2013, alleging that he developed brachial neuritis as a result of receiving an influenza vaccine, a tetanus diphtheria acellular pertussis (Tdap) vaccine, a meningococcal vaccine, hepatitis A and B vaccines, an inactivated polio (IPV) vaccine, and a measles mumps and rubella (MMR) vaccine on April 29, 2011. The respondent denied that the vaccines, either singly or in combination, caused the petitioner's brachial neuritis or any other injury.

On November 3, 2014, both parties filed a stipulation to settle the case. Special Master Lisa Hamilton-Fieldman found the stipulation to be reasonable and adopted it as the decision of the Court.

Petitioner was awarded a lump sum of $250,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of injury.

The public decision does not name petitioner's counsel or respondent's counsel, nor does it detail any expert testimony.

Theory of causation

Petitioner Jacob McNorton alleged that an influenza vaccine, Tdap vaccine, meningococcal vaccine, hepatitis A and B vaccines, IPV vaccine, and MMR vaccine administered on April 29, 2011, caused him to develop brachial neuritis. Respondent denied causation. The parties filed a joint stipulation on November 3, 2014, agreeing to a settlement. Special Master Lisa Hamilton-Fieldman adopted the stipulation as the decision of the Court. Petitioner received a lump sum award of $250,000.00 for all damages. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts.

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