Robert Rowan v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Robert Rowan filed a petition for compensation under the National Vaccine Injury Compensation Program on March 29, 2016, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine. The respondent, the Secretary of Health and Human Services, filed a report on March 7, 2016, conceding that Mr.
Rowan was entitled to compensation for his injury. Following discussions between the parties, the respondent filed a "Respondent’s Proffer on Award of Compensation" on March 28, 2016.
Mr. Rowan's counsel, Maximillian Muller, indicated that Mr.
Rowan accepted the proffer as a reasonable measure of the award amount. Special Master George L.
Hastings reviewed the file and the parties' agreement. He concluded that the respondent's proffer was appropriate pursuant to Section 300aa-15(b) of the Vaccine Act.
Special Master Hastings ordered that the respondent make a lump sum payment of $120,000.00, payable to Robert Rowan, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). This award covers all elements of compensation, including pain and suffering and any other applicable damages.
The decision was issued on April 19, 2016. Petitioner's counsel was Maximillian J.
Muller, and respondent's counsel was Jason C. Bougere.
Theory of causation
Petitioner Robert Rowan received an influenza vaccine and subsequently developed a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded entitlement to compensation. The parties stipulated to a lump sum award of $120,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific vaccination date, age at vaccination, onset of symptoms, medical narrative, diagnostic tests, treatments, or expert witnesses. The theory of causation is based on the "Table" provision of the Vaccine Act, as the respondent conceded entitlement. Special Master George L. Hastings issued the decision on April 19, 2016, based on the respondent's proffer, which was accepted by petitioner's counsel Maximillian J. Muller. Respondent's counsel was Jason C. Bougere.
Source PDFs
USCOURTS-cofc-1_15-vv-01402