Harvey Walker v. HHS - Influenza, rheumatoid arthritis (2016)

Filed 2014-09-29Decided 2016-12-05Vaccine Influenza
compensated$100,000

Case summary [AI summaries can sometimes make mistakes]

Harvey Walker filed a petition for compensation under the National Vaccine Injury Compensation Program on September 29, 2014, alleging that a trivalent influenza vaccine administered on or about September 8, 2012, caused him to suffer rheumatoid arthritis. The respondent denied that the vaccine caused petitioner's alleged rheumatoid arthritis or any other injury, and further denied that petitioner's current disabilities were a sequela of a vaccine-related injury.

Nevertheless, the parties filed a joint stipulation on December 5, 2016, agreeing that compensation should be awarded to the petitioner. The Special Master found the stipulation reasonable and adopted it as the decision of the Court.

Harvey Walker was awarded a lump sum payment of $100,000.00 as compensation for all damages available under the Vaccine Act. Petitioner counsel was Ronald Homer of Conway Homer, P.C., and respondent counsel was Glenn Alexander MacLeod of the U.S.

Department of Justice. The Special Master who issued the decision was Thomas L.

Gowen.

Theory of causation

Petitioner Harvey Walker alleged that a trivalent influenza vaccine administered on or about September 8, 2012, caused him to suffer rheumatoid arthritis. Respondent denied causation. The parties filed a joint stipulation for compensation. The Special Master adopted the stipulation. Petitioner was awarded $100,000.00. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. Attorneys for petitioner were Ronald Homer and for respondent was Glenn Alexander MacLeod. Special Master Thomas L. Gowen issued the decision on December 5, 2016.

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