Jeffrey Heaney v. HHS - Influenza, shoulder injury related to vaccine administration (2018)
Case summary [AI summaries can sometimes make mistakes]
On January 31, 2017, Jeffrey Heaney filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine. The petition stated that the vaccination occurred in the United States, the injury persisted for more than six months, and that he had not received compensation or filed a civil action for his vaccine-related injuries.
The Secretary of Health and Human Services, respondent, denied that the flu vaccine caused Mr. Heaney's SIRVA or any other injury or current condition.
Despite the denial, on May 23, 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, Jeffrey Heaney was awarded a lump sum of $35,000.00, payable by check to the petitioner, as compensation for all items of damages available under the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.
Petitioner was represented by Jeffrey S. Pop of Jeffrey S.
Pop & Associates, and respondent was represented by Althea Walker Davis of the U.S. Department of Justice.
Theory of causation
Petitioner Jeffrey Heaney alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine. Respondent denied causation. The parties filed a joint stipulation for compensation, which the Special Master adopted. Petitioner was awarded $35,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the injury was SIRVA. The stipulation indicates the injury continued for more than six months.
Source PDFs
USCOURTS-cofc-1_17-vv-00148