Charles Storey v. HHS - Influenza, preexisting bilateral tinnitus conditioned worsened (2016)
Case summary [AI summaries can sometimes make mistakes]
On July 29, 2014, Charles Storey filed a petition with the National Vaccine Injury Compensation Program. Mr.
Storey alleged that his pre-existing bilateral tinnitus was worsened by an Influenza ("Flu") vaccine he received on January 10, 2014. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the alleged aggravation of tinnitus or any other injury.
Despite this denial, the parties filed a joint stipulation on damages on April 7, 2015, agreeing that compensation should be awarded. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the court.
Mr. Storey was awarded a lump sum of $30,000.00, payable to him, as compensation for all damages.
The decision was issued on May 2, 2016. Petitioner was represented by Andrew Donald Downing of Van Cott & Talamante, PLLC, and respondent was represented by Ryan Daniel Pyles of the United States Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism by which the vaccine allegedly caused the condition.
Theory of causation
Petitioner Charles Storey alleged that his pre-existing bilateral tinnitus was worsened by an Influenza vaccine administered on January 10, 2014. The respondent denied causation. The parties entered into a joint stipulation on damages, agreeing to an award. Special Master Lisa Hamilton-Fieldman approved the stipulation as reasonable. Petitioner was awarded $30,000.00 as a lump sum for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision was issued on May 2, 2016. Petitioner's counsel was Andrew Donald Downing, and respondent's counsel was Ryan Daniel Pyles.
Source PDFs
USCOURTS-cofc-1_14-vv-00676