Harvey McBride v. HHS - Influenza, brachial plexopathy in his right shoulder (2017)
Case summary [AI summaries can sometimes make mistakes]
Harvey McBride filed a petition for compensation under the National Vaccine Injury Compensation Program on May 4, 2015, alleging that he developed brachial plexopathy in his right shoulder and experienced residual side effects for more than six months as a result of receiving an influenza vaccine on December 19, 2013. The respondent denied that the flu vaccine caused the alleged injury.
The parties reached a settlement, and on January 24, 2017, they filed a joint stipulation. The respondent agreed to pay Mr.
McBride a lump sum of $60,000.00 as compensation for all damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation in that amount.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner counsel was Ronald Craig Homer, Esq., and respondent counsel was Ryan Daniel Pyles, Esq.
Theory of causation
Petitioner Harvey McBride alleged that he developed brachial plexopathy in his right shoulder and experienced residual side effects for more than six months following an influenza vaccination on December 19, 2013. Respondent denied causation. The parties reached a joint stipulation for settlement. The Special Master adopted the stipulation, awarding a lump sum of $60,000.00 to the petitioner for all damages. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The decision was issued by Special Master Mindy Michaels Roth on January 25, 2017. Petitioner counsel was Ronald Craig Homer, Esq., and respondent counsel was Ryan Daniel Pyles, Esq.
Source PDFs
USCOURTS-cofc-1_15-vv-00452