Roosevelt Harper v. HHS - Influenza, sensorineural hearing loss (2018)

Roosevelt Harper filed a petition for vaccine compensation on October 13, 2015, alleging that the influenza vaccine he received on November 16, 2012, caused him to suffer sensorineural hearing loss. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated his injury.

The parties, represented by counsel Ronald C. Homer and Lauren Faga for the petitioner and Voris E.

Johnson for the respondent, reached a stipulation to settle the case. Special Master Christian J.

Moran adopted the stipulation, awarding Mr. Harper a lump sum payment of $60,000.00.

This award represents compensation for all damages available under 42 U.S.C. § 300aa-15(a) and is a compromise of the parties' respective positions on liability and damages. The case proceeded as a Table claim, as the influenza vaccine is listed on the Vaccine Injury Table.

Mr. Harper alleged that he experienced the residual effects of this injury for more than six months.

The public decision does not describe the onset of symptoms, specific medical tests, or treatments. The stipulation states that the payment is not for items or services for which the Program is not primarily liable and will be used solely for the benefit of the petitioner.

The petitioner irrevocably releases the Secretary and the United States from all claims related to the alleged injury from the flu vaccine administered on November 16, 2012. The stipulation is voidable if the special master or the Court of Federal Claims fails to enter judgment in conformity with its terms.

The decision was filed on March 30, 2018, and entered on April 26, 2018.