Irvin Walser v. HHS - Influenza, Parsonage-Turner syndrome and brachial neuritis (2017)

Filed 2017-03-28Decided 2017-11-17Vaccine Influenza
compensated$75,000

Case summary [AI summaries can sometimes make mistakes]

Irvin Walser filed a petition for compensation under the National Vaccine Injury Compensation Program on October 14, 2016. He alleged that he suffered an injury to his right shoulder, including Parsonage-Turner syndrome and brachial neuritis, as a result of receiving an influenza ("flu") vaccine and a Tdap (tetanus/diphtheria/pertussis) vaccine on February 4, 2016.

Mr. Walser further alleged that his injury persisted for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the flu and/or Tdap immunizations caused Mr. Walser's alleged injuries or any other injuries.

Despite the denial, on March 28, 2017, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

The parties stipulated that Mr. Walser would receive a lump sum of $75,000.00, payable to him, as compensation for all items of damages.

The Chief Special Master approved this amount and directed that judgment be entered accordingly. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses.

Nancy Routh Meyers represented the petitioner, and Daniel Anthony Principato represented the respondent. The decision was issued on November 17, 2017.

Theory of causation

Petitioner Irvin Walser alleged that influenza and Tdap vaccines administered on February 4, 2016, caused his right shoulder injury, including Parsonage-Turner syndrome and brachial neuritis, which persisted for more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Nora Beth Dorsey on November 17, 2017. The stipulation awarded a lump sum of $75,000.00 for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Petitioner was represented by Nancy Routh Meyers, and respondent was represented by Daniel Anthony Principato.

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