Gaines Hearns v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2015)
Case summary [AI summaries can sometimes make mistakes]
Gaines Hearns filed a petition on October 14, 2014, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 16, 2013. The respondent, the Secretary of Health and Human Services, reviewed the case and concluded that the injury was consistent with SIRVA and that Mr.
Hearns met the legal requirements for compensation. Petitioner counsel was Ronald C.
Homer of Conway, Homer, & Chin-Caplan, and respondent counsel was Jennifer L. Reynaud of the United States Department of Justice.
Special Master Christian J. Moran issued a ruling on November 10, 2014, finding Mr.
Hearns entitled to compensation. A status conference was scheduled to discuss the quantification of damages.
Subsequently, on October 14, 2015, the respondent filed a Proffer on Award of Compensation, to which the petitioner agreed. On November 24, 2015, Special Master Christian J.
Moran issued a decision awarding damages based on this proffer. Mr.
Hearns was awarded a total of $75,307.27, comprising a lump sum of $75,000.00 for damages and $307.27 for reimbursement of a lien payable jointly to petitioner and HMS TPL Recovery Unit. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert testimony.
Theory of causation
Petitioner Gaines Hearns alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on January 16, 2013. The respondent's Rule 4(c) report concluded that the injury, lasting over six months, was consistent with SIRVA and that petitioner met the legal prerequisites for compensation. The respondent's proffer stated that compensation was appropriate. The Special Master, Christian J. Moran, found entitlement based on the record. A subsequent decision on November 24, 2015, awarded $75,307.27, consisting of $75,000.00 for damages and $307.27 for lien reimbursement, based on a proffer agreed to by both parties. The specific mechanism of injury, expert testimony, or detailed clinical findings were not described in the public decision. The theory of causation was based on the "Table" for SIRVA.
Source PDFs
USCOURTS-cofc-1_14-vv-00669