Arthur Lytle, Jr. v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Arthur Lytle, Jr. filed a petition on November 27, 2018, alleging that an influenza vaccine administered on October 11, 2016, caused him to develop a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the injury or that it was a "Table injury." Despite these denials, the parties reached a stipulation for an award of compensation, which was approved by Special Master Nora Beth Dorsey.
Under the terms of the stipulation, Arthur Lytle, Jr. was awarded a lump sum of $45,000.00, payable to him, and an additional $183.12, payable to him and the Michigan Department of Health and Human Services, to cover a State of Michigan Medicaid lien. This total award of $45,183.12 represents compensation for all damages available under the National Childhood Vaccine Injury Act.
The case was resolved based on this stipulation, and judgment was entered accordingly. Petitioner was represented by Jeffery S.
Pop of Jeffrey S. Pop & Associates, and respondent was represented by Darryl R.
Wishard of the U.S. Department of Justice.
Theory of causation
Petitioner Arthur Lytle, Jr. alleged that an influenza vaccine received on October 11, 2016, caused a shoulder injury related to vaccine administration (SIRVA). Respondent denied that the vaccine caused the injury or that it was a Table injury. The parties stipulated to an award of $45,000.00 for general damages and $183.12 for a Medicaid lien, totaling $45,183.12. Special Master Nora Beth Dorsey approved the stipulation. The specific medical mechanism, onset, symptoms, tests, treatments, or expert testimony were not described in the public decision, which was based on a stipulation. The theory of causation was "Off-Table." Petitioner was represented by Jeffery S. Pop, and respondent by Darryl R. Wishard.
Source PDFs
USCOURTS-cofc-1_18-vv-01818