James Hooper v. HHS - Hepatitis B, shoulder injury related to vaccine administration (2016)

James Hooper filed a petition for compensation under the National Vaccine Injury Compensation Program on March 18, 2016, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a hepatitis B vaccine on November 10, 2014. The case was assigned to the Special Processing Unit.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 22, 2016, conceding that Mr. Hooper's alleged injury was consistent with SIRVA and was caused in fact by the hepatitis B vaccine he received.

The respondent also agreed that Mr. Hooper had satisfied all legal prerequisites for compensation under the Vaccine Act.

Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on June 23, 2016, finding Mr. Hooper entitled to compensation.

Subsequently, on September 20, 2016, Chief Special Master Dorsey issued a decision awarding damages. This decision was based on a proffer agreed to by both parties.

The proffer indicated that Mr. Hooper should be awarded $100,000.00.

The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. Pursuant to the terms of the proffer, James Hooper was awarded a lump sum payment of $100,000.00, payable by check to him, as compensation for all damages available under the Vaccine Act.

Petitioner was represented by Paul Brazil of Muller Brazil, LLP, and respondent was represented by Traci R. Patton of the U.S.

Department of Justice.