Richard Hirsch v. HHS - Influenza, left shoulder injuries (2019)
Case summary [AI summaries can sometimes make mistakes]
Richard Hirsch filed a petition on March 15, 2019, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he developed left shoulder injuries as a result of receiving an influenza vaccine on October 28, 2016.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused Mr. Hirsch's injury or any other condition.
Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on March 14, 2019, agreeing that the issues could be resolved with an award of compensation. Special Master Katherine E.
Oler reviewed the file and found the stipulation to be reasonable, adopting it as the decision in the case. Mr.
Hirsch was awarded a lump sum of $75,293.56, payable by check to the petitioner. This award represents compensation for all damages available under the National Vaccine Injury Compensation Program.
The decision was filed on July 29, 2019. Petitioner was represented by Maximillian J.
Muller of Muller Brazil, LLP, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice.
The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Richard Hirsch alleged left shoulder injuries following an influenza vaccination on October 28, 2016. Respondent denied causation. The parties stipulated to settle the case, agreeing that the issues could be resolved with an award of compensation. The Special Master adopted the stipulation. The award was a lump sum of $75,293.56. The theory of causation is based on the "Table" of the National Vaccine Injury Compensation Program, which presumes certain injuries following vaccination. The public decision does not detail the specific mechanism of injury, expert testimony, or the medical evidence considered beyond the stipulation. The decision was filed on July 29, 2019, by Special Master Katherine E. Oler. Petitioner's counsel was Maximillian J. Muller, and respondent's counsel was Claudia Barnes Gangi.
Source PDFs
USCOURTS-cofc-1_17-vv-01596