Richard Baldwin v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Richard Baldwin filed a petition for compensation on September 22, 2014, alleging that an influenza vaccine administered on or about December 6, 2013, caused him to suffer a Shoulder Injury Related to Vaccine Administration (SIRVA) with residual effects lasting more than six months. The respondent denied that the flu vaccination caused Petitioner's SIRVA or any other injury, and further denied that his current disabilities were a sequela of a vaccine-related injury.
On October 11, 2016, the parties filed a joint stipulation for damages, agreeing that a decision should be entered awarding compensation to Petitioner. Special Master Lisa Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court.
Petitioner was awarded a lump sum of $75,000.00, payable to Richard Baldwin, as compensation for all damages. The parties agreed to expedite the entry of judgment by renouncing the right to seek review.
Petitioner's counsel was Maximillian J. Muller of Muller Brazil, LLP, and respondent's counsel was Michael P.
Milmoe of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses.
Theory of causation
Petitioner Richard Baldwin alleged that an influenza vaccine administered on or about December 6, 2013, caused a Shoulder Injury Related to Vaccine Administration (SIRVA) with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award of $75,000.00. Special Master Lisa Hamilton-Fieldman adopted the stipulation as the decision of the Court. The theory of causation is based on the Vaccine Injury Table, as indicated by the "Table" designation in the provided database fields. The public decision does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award beyond the lump sum amount. Petitioner was represented by Maximillian J. Muller, and Respondent by Michael P. Milmoe. The decision was issued on October 11, 2016.
Source PDFs
USCOURTS-cofc-1_14-vv-00891