Robert Boyer v. HHS - Influenza, ischemic optic neuropathy (2017)
Case summary [AI summaries can sometimes make mistakes]
Robert Boyer filed a petition for compensation under the National Vaccine Injury Compensation Program on October 9, 2015. He alleged that he suffered from ischemic optic neuropathy as a result of an influenza vaccination he received on October 19, 2012.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused any injury to petitioner. However, the parties reached a joint stipulation recommending an award of compensation.
Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation provided that petitioner would receive a lump sum of $160,000.00, payable to Robert Boyer, as compensation for all damages available under the program.
The decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. Judgment was to be entered in accordance with the terms of the stipulation, unless a motion for review was filed.
Ronald C. Homer represented the petitioner, and Adriana Ruth Teitel represented the respondent.
The decision was filed on May 18, 2017.
Theory of causation
Petitioner Robert Boyer alleged that an influenza vaccine received on October 19, 2012, caused ischemic optic neuropathy. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation awarded petitioner a lump sum of $160,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury. The case was resolved via stipulation, not through litigation of entitlement.
Source PDFs
USCOURTS-cofc-1_15-vv-01160