John Prater v. HHS - Influenza, left shoulder rotator cuff tear and tendinosis (2018)

Filed 2016-11-15Decided 2018-01-30Vaccine Influenza
compensated$50,000

Case summary [AI summaries can sometimes make mistakes]

John Prater filed a petition for compensation under the National Vaccine Injury Compensation Program on November 15, 2016, alleging that he suffered a left shoulder rotator cuff tear and tendinosis caused by the influenza vaccine he received on September 10, 2015. Mr.

Prater alleged that he received the vaccination in the United States and continued to suffer residual effects more than six months later. He also stated that neither he nor any other party had filed a civil action or received other compensation for his alleged vaccine-caused injury.

The respondent denied that the influenza vaccine caused Mr. Prater's shoulder injury.

On January 30, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.

Pursuant to the stipulation, Chief Special Master Dorsey awarded Mr. Prater a lump sum of $50,000.00, payable to the petitioner, as compensation for all items of damages available under the Vaccine Act.

The decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. Petitioner was represented by Jeffrey S.

Pop of Jeffrey S. Pop & Associates, and respondent was represented by Sarah Christina Duncan of the U.S.

Department of Justice.

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