Daniel Payne v. HHS - Influenza, rheumatoid arthritis (2021)
Case summary [AI summaries can sometimes make mistakes]
Daniel Payne filed a petition on March 19, 2019, alleging that an influenza vaccine administered on September 16, 2016, caused him to develop rheumatoid arthritis. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or significantly aggravated the petitioner's alleged injury or any other injury, and denied that the petitioner's current disabilities were the result of a vaccine-related injury.
Despite these denials, the parties filed a stipulation on April 6, 2021, recommending an award of compensation to the petitioner. Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court.
Petitioner was awarded a lump sum of $100,000.00, payable to him, as compensation for all damages available under the National Vaccine Injury Compensation Program. The parties agreed to waive their right to seek review, and judgment was entered accordingly.
Petitioner was represented by Danielle Anne Strait of Maglio Christopher & Toale, and respondent was represented by Darryl R. Wishard of the U.S.
Department of Justice.
Theory of causation
Petitioner Daniel Payne alleged that an influenza vaccine administered on September 16, 2016, caused him to develop rheumatoid arthritis. The respondent denied causation. The parties filed a stipulation recommending compensation, which was adopted by Special Master Nora Beth Dorsey. Petitioner received a lump sum award of $100,000.00. The specific medical theory of causation, expert testimony, or mechanism of injury was not described in the public decision, as the case was resolved via stipulation. Attorneys for petitioner were Danielle Anne Strait and for respondent was Darryl R. Wishard. The decision date was April 7, 2021.
Source PDFs
USCOURTS-cofc-1_19-vv-00413