Allen Horst v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Filed 2016-11-02Decided 2018-08-14Vaccine Influenza
compensated$60,000

Case summary [AI summaries can sometimes make mistakes]

Allen Horst filed a petition for compensation under the National Vaccine Injury Compensation Program on November 2, 2016, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination on November 4, 2013. The petition stated that the vaccine was administered in the United States, that Mr.

Horst experienced residual effects of his condition for more than six months, and that there had been no prior award or settlement of a civil action for damages. The respondent, the Secretary of Health and Human Services, denied that the flu immunization caused the petitioner's alleged shoulder injury or any other injury or condition.

On April 9, 2018, the parties filed a joint stipulation for damages. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the court's decision.

Pursuant to the stipulation, Mr. Horst was awarded a lump sum of $60,000.00, payable by check to the petitioner, as compensation for all damages available under the Vaccine Act.

The decision was issued on August 14, 2018. Daniel Henry Pfeifer represented the petitioner, and Althea Walker Davis represented the respondent.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation

Petitioner Allen Horst alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 4, 2013. Respondent denied causation. The parties filed a joint stipulation for damages, which was approved by Chief Special Master Nora Beth Dorsey on August 14, 2018. The stipulation resulted in an award of $60,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Petitioner was represented by Daniel Henry Pfeifer, and respondent was represented by Althea Walker Davis.

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