Hans Varblow v. HHS - Influenza, left shoulder injury (2016)
Case summary [AI summaries can sometimes make mistakes]
Hans Varblow filed a petition for compensation on August 26, 2015, alleging that he suffered a left shoulder injury due to receiving an influenza vaccine on November 27, 2013. The respondent conceded that the petitioner's injury was consistent with shoulder injury related to vaccine administration (SIRVA) and was caused by the flu vaccine.
The respondent also stated that no other causes were identified and that the injury had sequelae for more than six months. Based on this concession, the petitioner was found entitled to compensation.
The respondent proffered an award of $35,000.00, which the petitioner agreed to. The Chief Special Master awarded Hans Varblow a lump sum payment of $35,000.00 for all damages.
Theory of causation
Petitioner Hans Varblow received an influenza vaccine on November 27, 2013, and subsequently suffered a left shoulder injury. The respondent conceded that the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA), was caused-in-fact by the vaccine, and had sequelae lasting more than six months. No other causes were identified. The respondent proffered an award of $35,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a), which the petitioner accepted. Chief Special Master Nora Beth Dorsey issued a decision awarding the lump sum of $35,000.00 to the petitioner. The theory of causation was off-Table. Scott W. Rooney represented the petitioner, and Amy P. Kokot represented the respondent. The decision was issued on May 18, 2016.
Source PDFs
USCOURTS-cofc-1_15-vv-00931