Gregory Hooper v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Gregory Hooper filed a petition for compensation under the National Vaccine Injury Compensation Program on January 4, 2017, alleging he developed a shoulder injury related to vaccine administration (SIRVA) following an October 20, 2015 influenza vaccination. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 7, 2017, conceding that Mr.
Hooper's injury was caused in fact by the flu vaccine and that he met the statutory requirements for compensation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on December 8, 2017, finding Mr.
Hooper entitled to compensation based on the respondent's concession. A damages ruling was issued on March 20, 2019, awarding Mr.
Hooper $185,000.00 for actual pain and suffering, $45,000.00 for future pain and suffering, and $37,921.48 for lost wages. The parties subsequently agreed that the net present value of the future pain and suffering award was $42,113.39.
On June 12, 2019, Chief Special Master Dorsey issued a final decision awarding Gregory Hooper a total lump sum payment of $265,034.87, comprising $185,000.00 for actual pain and suffering, $42,113.39 for future pain and suffering (net present value), and $37,921.48 for lost wages. The decision was published on the United States Court of Federal Claims' website.
Petitioner was represented by Shealene Priscilla Mancuso of Muller Brazil, LLP, and respondent was represented by Glenn Alexander MacLeod of the U.S. Department of Justice.
Theory of causation
Petitioner Gregory Hooper alleged a shoulder injury related to vaccine administration (SIRVA) following an October 20, 2015, influenza vaccination. The respondent conceded that the injury was caused in fact by the flu vaccine and that petitioner met the statutory requirements for compensation. The specific mechanism of injury and any expert testimony are not described in the provided public text. The case proceeded to damages, and Chief Special Master Nora Beth Dorsey awarded a total of $265,034.87, including $185,000.00 for actual pain and suffering, $42,113.39 for future pain and suffering (net present value), and $37,921.48 for lost wages. The decision on entitlement was issued on December 8, 2017, and the final decision awarding damages was issued on June 12, 2019. Petitioner's counsel was Shealene Priscilla Mancuso, and respondent's counsel was Glenn Alexander MacLeod.