Ivan Sipos v. HHS - Influenza, brachial neuritis and/or a similar condition (2014)
Case summary [AI summaries can sometimes make mistakes]
Ivan Sipos filed a petition on September 25, 2013, under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination he received on October 2, 2010, caused him to suffer an injection-related shoulder injury, including brachial neuritis, with residual effects lasting more than six months. The respondent denied that the influenza vaccine caused Mr.
Sipos's brachial neuritis or any other injury. The parties subsequently filed a joint stipulation on June 19, 2014, agreeing to settle the case.
Special Master Thomas L. Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.
As per the stipulation, Mr. Sipos was awarded a lump sum of $115,000.00, payable to him, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The stipulation also noted that the parties would submit to further proceedings for attorneys' fees and costs. The decision was made without admission of liability by the respondent.
Petitioner was represented by Christina Ciampolillo of Conway, Homer & Chin-Caplan, P.C., and respondent was represented by Ann Martin of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, or treatments.
Theory of causation
Petitioner Ivan Sipos alleged that an influenza vaccine administered on October 2, 2010, caused brachial neuritis and/or a similar condition, with residual effects lasting over six months. Respondent denied causation. The parties entered into a joint stipulation on June 19, 2014, to settle the claim. Special Master Gowen adopted the stipulation, awarding petitioner $115,000.00 as a lump sum for all damages under 42 U.S.C. § 300aa-15(a). The stipulation explicitly stated it was not an admission of causation by the respondent. The public text does not detail the specific mechanism of injury, expert testimony, or the Table-specific theory relied upon, other than the general allegation of an injection-related shoulder injury including brachial neuritis.
Source PDFs
USCOURTS-cofc-1_13-vv-00740