Bernard Halverson v. HHS - Influenza, cardiac arrest and death, significantly aggravated ischemic heart disease (2020)

On March 4, 2015, Bernard Halverson, as executor of the estate of his late wife, Susan Halverson, filed a petition for compensation under the National Vaccine Injury Compensation Program. He alleged that Susan Halverson received a high-dose influenza vaccine (Fluzone) on January 9, 2014, which caused her cardiac arrest and subsequent death on January 13, 2014.

Alternatively, the petition claimed the vaccine significantly aggravated her pre-existing ischemic heart disease. Mrs.

Halverson, aged 65, had a complex medical history including congestive heart failure, diabetes, chronic kidney disease, hypertension, hyperlipidemia, hypothyroidism, anemia, left bundle branch block, ventricular tachycardia, and an automatic implantable cardioverter defibrillator (AICD) placed in September 2013. Following vaccination, she experienced vomiting, cough, weakness, and shortness of breath.

She collapsed and went into cardiac arrest on January 13, 2014, and was pronounced deceased shortly thereafter. The respondent, the Secretary of Health and Human Services, initially stated the case was not appropriate for compensation, citing Mrs.

Halverson's pre-existing heart disease and AICD placement. Petitioner's experts, Dr.

Robert Stark and Dr. Gourang Patel, opined that Fluzone could cause a systemic inflammatory response (SIRS) leading to increased platelet aggregation, blood clotting, myocardial infarction, and cardiac arrest, particularly in susceptible individuals with pre-existing conditions.

Respondent's experts, Dr. Joseph Murphy and Dr.

Noel Rose, argued that Mrs. Halverson's death was due to the natural progression of her severe cardiac disease and comorbidities, and that medical literature did not support a causal link between Fluzone and adverse cardiovascular events.

Special Master Mindy Michaels Roth, in a ruling dated February 4, 2020, found that petitioner established by a preponderance of the evidence that the Fluzone vaccine was a substantial factor in Mrs. Halverson's cardiac arrest and death, satisfying the Althen criteria for an off-Table injury.

The Special Master determined that the vaccine, in combination with Mrs. Halverson's upper respiratory infection and pre-existing conditions, significantly aggravated her cardiac disease.

The parties subsequently stipulated to damages. On June 4, 2020, Special Master Roth issued a decision awarding $325,000.00, consisting of $75,000.00 for pain and suffering and $250,000.00 for the statutory death benefit, to be paid as a lump sum to the estate.