Thomas A. Metzger v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Thomas A. Metzger filed a petition on October 9, 2018, alleging that an influenza vaccine administered on October 13, 2017, caused him to suffer a shoulder injury related to vaccine administration (SIRVA).
The respondent, the Secretary of Health and Human Services, denied that Mr. Metzger sustained a SIRVA Table injury, that the alleged shoulder injury and its residual effects were caused-in-fact by the flu vaccine, or that the flu vaccine caused any other injury or his current condition.
Despite these denials, the parties filed a joint stipulation recommending an award of compensation. Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.
Mr. Metzger was awarded $48,500.00 as a lump sum, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The parties renounced their right to seek review, and judgment was entered accordingly. Petitioner was represented by Richard H.
Moeller of Moore, Heffernan, et al., and respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice.
Theory of causation
Petitioner Thomas A. Metzger alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 13, 2017. Respondent denied a SIRVA Table injury, cause-in-fact, or other injury from the vaccine. The parties stipulated to an "Off-Table" settlement. Petitioner was awarded $48,500.00 as a lump sum for all damages. Special Master Nora Beth Dorsey issued the decision based on the stipulation on September 23, 2020. Petitioner counsel was Richard H. Moeller; respondent counsel was Adriana Ruth Teitel.
Source PDFs
USCOURTS-cofc-1_18-vv-01565