Randall Puckett v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

Filed 2018-04-19Decided 2020-07-01Vaccine Influenza
compensated$107,237

Case summary [AI summaries can sometimes make mistakes]

Randall Puckett filed a petition on April 19, 2018, alleging that the influenza vaccine he received on September 22, 2016, caused him to suffer a shoulder injury related to vaccine administration (SIRVA). He further alleged that the residual effects of this injury lasted for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated his injury, and denied that his current disabilities were the result of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation to resolve the case, which Special Master Christian J.

Moran adopted as the decision of the Court. The stipulation awarded Mr.

Puckett a lump sum payment of $7,237.77, payable jointly to him and Equian, LLC, to reimburse the State of West Virginia Medicaid lien. This amount represented full satisfaction of any claim the state might have for Medicaid payments made on his behalf.

Mr. Puckett agreed to endorse this check to the state of West Virginia.

Additionally, he received a lump sum payment of $100,000.00, payable to him, for all remaining damages. The total compensation awarded was $107,237.77.

The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Shealene P.

Mancuso of Muller Brazil, LLP, and respondent was represented by Ronalda E. Kosh of the United States Department of Justice.

Theory of causation

Petitioner Randall Puckett alleged that the influenza vaccine administered on September 22, 2016, caused a shoulder injury related to vaccine administration (SIRVA), with residual effects lasting more than six months. The respondent denied causation. The parties reached a joint stipulation, adopted by Special Master Christian J. Moran on July 1, 2020, awarding $107,237.77 in total compensation. This included $7,237.77 for a West Virginia Medicaid lien reimbursement and $100,000.00 for all remaining damages. The theory of causation was based on the Vaccine Injury Table (SIRVA). The public decision does not detail the specific mechanism of injury, expert testimony, or clinical evidence presented.

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