Cristopher O’hern v. HHS - Hepatitis A, right-sided brachial neuritis (2021)
Case summary [AI summaries can sometimes make mistakes]
Cristopher O’Hern filed a petition for compensation under the National Vaccine Injury Compensation Program on June 19, 2017. He alleged that he suffered right-sided brachial neuritis as a result of his Hepatitis A vaccination administered on February 23, 2016.
Mr. O’Hern further claimed that the residual effects of his injury lasted for more than six months and that there had been no prior award or settlement for damages related to his condition.
The respondent, the Secretary of Health and Human Services, denied that the Hepatitis A vaccine caused or significantly aggravated Mr. O’Hern’s alleged brachial neuritis injury or any other injury or his current condition.
Despite the respondent's denial, the parties filed a joint stipulation for damages on August 10, 2021. Special Master Daniel T.
Horner reviewed the stipulation and found it to be reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Mr.
O’Hern was awarded a lump sum of $62,500.00, payable by check to the petitioner. This amount was designated as compensation for all items of damages available under the Vaccine Act.
The decision was issued on September 16, 2021. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.
Durant, PLLC, and respondent was represented by Wei Kit Tai of the U.S. Department of Justice.
Theory of causation
Petitioner Cristopher O’Hern alleged that his February 23, 2016 Hepatitis A vaccination caused right-sided brachial neuritis, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for damages, which Special Master Daniel T. Horner found reasonable and adopted. The stipulation resulted in an award of $62,500.00. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical findings supporting the petitioner's claim or the respondent's denial. Petitioner counsel was Leah VaSahnja Durant, and respondent counsel was Wei Kit Tai. The decision date was September 16, 2021.
Source PDFs
USCOURTS-cofc-1_17-vv-00818