Charles A. Hightower v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Filed 2017-02-24Decided 2018-12-06Vaccine Influenza
compensated$50,000

Case summary [AI summaries can sometimes make mistakes]

Charles A. Hightower filed a petition for compensation under the National Vaccine Injury Compensation Program on February 24, 2017, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a seasonal influenza vaccine he received on January 2, 2015.

The respondent denied that the flu vaccine caused the petitioner's alleged shoulder injury. However, on October 3, 2018, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, the court awarded Charles A.

Hightower a lump sum of $50,000.00, representing compensation for all items of damages available under the Vaccine Act. This decision addresses the damages awarded based on the joint stipulation.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by Edward M.

Kraus, and respondent was represented by Ilene Clair Albala. The decision was issued by Chief Special Master Nora Beth Dorsey.

Theory of causation

Petitioner Charles A. Hightower alleged a shoulder injury related to vaccine administration (SIRVA) following a January 2, 2015, influenza vaccination. Respondent denied causation. The parties filed a joint stipulation on October 3, 2018, agreeing to an award of compensation. The Special Master adopted the stipulation, awarding a lump sum of $50,000.00 for all damages under the Vaccine Act. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was handled by petitioner's counsel Edward M. Kraus and respondent's counsel Ilene Clair Albala, with Chief Special Master Nora Beth Dorsey issuing the decision on December 6, 2018.

Source PDFs 2 total · 1 downloaded