Adam Jack Kinder v. HHS - Influenza, optic neuritis (2016)
Case summary [AI summaries can sometimes make mistakes]
Adam Jack Kinder filed a petition on October 16, 2015, alleging that the influenza vaccine he received on October 3, 2014, caused him to develop optic neuritis. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused or aggravated the petitioner's alleged injury or any other injury, and denied that the petitioner's current disabilities were the result of a vaccine-related injury.
Despite these denials, the parties filed a joint stipulation agreeing to 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 Adam Jack Kinder would receive a lump sum of $25,000.00, payable to him, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was entered on August 9, 2016.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the specific mechanism of injury. Petitioner counsel was William E.
Cochran, Jr. of Black McLaren et al., PC, and respondent counsel was Darryl R. Wishard of the United States Department of Justice.
Theory of causation
Petitioner Adam Jack Kinder alleged that an influenza vaccine received on October 3, 2014, caused optic neuritis. Respondent denied causation. The parties filed a joint stipulation on damages, agreeing to an award of $25,000.00. The Special Master adopted the stipulation. The public decision does not detail a specific theory of causation, expert testimony, or the mechanism of injury. The case was resolved via stipulation, with compensation awarded despite respondent's denial of causation. Chief Special Master Nora Beth Dorsey issued the decision on August 9, 2016. Petitioner counsel was William E. Cochran, Jr., and respondent counsel was Darryl R. Wishard.
Source PDFs
USCOURTS-cofc-1_15-vv-01212