Larry Wienhoff v. HHS - Hepatitis B, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Larry Wienhoff filed a petition for compensation under the National Vaccine Injury Compensation Program on April 2, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving Hepatitis A and Hepatitis B vaccines on November 30, 2017. Mr.
Wienhoff alleged that he received the vaccines in the United States, experienced residual effects of his SIRVA for more than six months, and had not filed a civil action or received other compensation for his injury. The respondent, the Secretary of Health and Human Services, denied that Mr.
Wienhoff sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on May 11, 2021, agreeing to settle the case.
Chief Special Master Brian H. Corcoran adopted the stipulation as the court's decision.
Pursuant to the stipulation, Mr. Wienhoff was awarded a lump sum of $135,000.00, payable by check to the petitioner, as compensation for all damages.
This amount represents a compromise of the parties' respective positions on liability and damages. The decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.
Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by James Vincent Lopez of the U.S. Department of Justice.
Theory of causation
Petitioner Larry Wienhoff alleged a shoulder injury related to vaccine administration (SIRVA) following vaccination with Hepatitis A and Hepatitis B vaccines on November 30, 2017. The respondent denied a SIRVA Table injury and denied that the vaccine caused the alleged injury. The parties reached a joint stipulation for settlement. The Special Master adopted the stipulation, awarding $135,000.00 as a lump sum. The public decision does not detail the specific mechanism of injury, expert testimony, or the specific Table category relied upon, but notes the vaccines are contained in the Vaccine Injury Table. Petitioner was represented by Ronald Craig Homer, and Respondent was represented by James Vincent Lopez. Chief Special Master Brian H. Corcoran issued the decision on June 14, 2021.
Source PDFs
USCOURTS-cofc-1_19-vv-00490