Alan Peterson v. HHS - Influenza, shoulder injury related to vaccine administration ("SIRVA") or, in the alternative, caused a significant aggravation of a pre-existing shoulder condition (2020)
Case summary [AI summaries can sometimes make mistakes]
Petitioner Alan Peterson filed a petition for compensation on June 2, 2017, alleging that an influenza vaccine he received on October 27, 2015, caused him to suffer a shoulder injury related to vaccine administration (SIRVA) or, in the alternative, caused a significant aggravation of a pre-existing shoulder condition. Mr.
Peterson further alleged that he suffered residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated the petitioner's alleged injury or that his current disabilities resulted from a vaccine-related injury.
The parties subsequently filed a joint stipulation concerning the petition. Special Master Christian J.
Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Mr.
Peterson a lump sum payment of $25,000.00, payable by check, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses.
The decision was issued by Special Master Christian J. Moran, with Shealene P.
Mancuso of Muller Brazil, LLP representing the petitioner and Debra A. Filteau Begley of the United States Department of Justice representing the respondent.
The decision was filed on October 6, 2020, following an original filing date of September 9, 2020.
Theory of causation
Petitioner Alan Peterson alleged that an influenza vaccine administered on October 27, 2015, caused a shoulder injury related to vaccine administration (SIRVA) or significantly aggravated a pre-existing shoulder condition, with residual effects lasting over six months. The respondent denied causation. The parties reached a stipulation, which Special Master Christian J. Moran adopted. The award was $25,000.00 as a lump sum for all damages. The theory of causation is based on the Vaccine Injury Table. The public decision does not name experts or describe the specific mechanism of injury. Attorneys for the petitioner were Shealene P. Mancuso and for the respondent was Debra A. Filteau Begley. The decision date was October 6, 2020.
Source PDFs
USCOURTS-cofc-1_17-vv-00732