Mark Barry Hooper v. HHS - Influenza, Parsonage Turner syndrome (2014)

Filed 2013-07-02Decided 2014-09-02Vaccine Influenza
compensated$80,000

Case summary [AI summaries can sometimes make mistakes]

Mark Barry Hooper filed a petition on July 2, 2013, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that an influenza vaccination he received on September 19, 2012, caused him to develop Parsonage Turner Syndrome (PTS).

The respondent denied that the petitioner's flu vaccination caused his PTS or any other injury. However, both parties agreed to a joint stipulation, filed on August 5, 2014, to settle the case.

Special Master Lisa Hamilton-Fieldman found the stipulation to be reasonable and adopted it as the decision of the Court. The stipulation awarded a lump sum of $80,000.00, payable to the petitioner, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Additionally, a lump sum of $8,033.94 was awarded for attorneys' fees and costs, payable jointly to the petitioner and his counsel, Douglas Lee Burdette of Burkett & Burdette. The public decision does not describe the petitioner's specific onset of symptoms, medical tests, or treatments.

Petitioner had not personally incurred any out-of-pocket litigation expenses. The clerk of the court was directed to enter judgment, as the parties jointly renounced their right to seek review.

Theory of causation

Petitioner Mark Barry Hooper alleged that an influenza vaccine administered on September 19, 2012, caused him to develop Parsonage Turner Syndrome (PTS). Respondent denied causation. The parties entered into a joint stipulation on August 5, 2014, to settle the case. Special Master Hamilton-Fieldman adopted the stipulation, finding it reasonable. The award included $80,000.00 for damages and $8,033.94 for attorneys' fees and costs, payable jointly to Petitioner and his counsel, Douglas Lee Burdette of Burkett & Burdette. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the alleged causation.

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