Daniel Soper v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Daniel Soper filed a petition for compensation under the National Vaccine Injury Compensation Program on January 9, 2018, alleging that he suffered a shoulder injury caused by his November 11, 2013, influenza vaccination. He claimed residual effects from the condition for more than six months.
The respondent denied that the flu immunization caused the alleged shoulder injury or any other condition. Nevertheless, on January 8, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Daniel Soper was awarded a lump sum of $52,856.46 as compensation for all items of damages available under the Vaccine Act.
The decision was issued on April 26, 2018. Petitioner counsel was Ronald Craig Homer of Conway, Homer, P.C., and respondent counsel was Camille Michelle Collett of the U.S.
Department of Justice.
Theory of causation
Petitioner Daniel Soper alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 11, 2013. The respondent denied causation. The parties filed a joint stipulation on January 8, 2018, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court on April 26, 2018. Petitioner was awarded a lump sum of $52,856.46. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts supporting the SIRVA diagnosis or its link to the vaccination.
Source PDFs
USCOURTS-cofc-1_16-vv-01016