Robert Shupe v. HHS - Influenza, brachial neuritis (2016)
Case summary [AI summaries can sometimes make mistakes]
Robert Shupe filed a petition under the National Vaccine Injury Compensation Program on May 11, 2015, alleging that he developed brachial neuritis as a result of receiving an influenza vaccine on October 4, 2013, and experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr.
Shupe's brachial neuritis or any other injury. Despite this denial, the parties reached a joint stipulation for damages.
Special Master Thomas L. Gowen found the stipulation to be reasonable and adopted it as the decision of the Court.
Mr. Shupe was awarded $41,500.00 as a lump sum payment to compensate for all damages available under the program.
The decision was entered on April 21, 2016. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses.
Petitioner was represented by Kevin A. Mack, and respondent was represented by Sarah C.
Duncan.
Theory of causation
Petitioner Robert Shupe alleged that an influenza vaccine administered on October 4, 2013, caused him to develop brachial neuritis with residual effects lasting more than six months. The respondent denied that the vaccine caused the alleged injury. The parties entered into a joint stipulation for damages, which the Special Master adopted. The award was $41,500.00 as a lump sum. The public decision does not specify the theory of causation, whether it was an "on-Table" or "off-Table" claim, or provide details on medical experts or the mechanism of injury. The decision date was April 21, 2016. Petitioner's counsel was Kevin A. Mack, and respondent's counsel was Sarah C. Duncan.
Source PDFs
USCOURTS-cofc-1_15-vv-00472