Michael E. Deutsch v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Michael E. Deutsch filed a petition for compensation on April 10, 2019, alleging that an influenza vaccine he received on December 18, 2017, caused him to suffer from 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 injury is listed on the Vaccine Injury Table.
The respondent, the Secretary of Health and Human Services, denied that Mr. Deutsch sustained a SIRVA Table injury or that the vaccine caused his shoulder injury.
Despite these denials, the parties filed a joint stipulation agreeing to compensation. Special Master Christian J.
Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Mr.
Deutsch a lump sum payment of $10,000.00, payable by check to the petitioner, as compensation for all damages. The decision was filed on February 15, 2022.
Paul R. Brazil represented the petitioner, and Naseem Kourosh represented the respondent.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Mr. Deutsch.
It also does not name any medical experts or detail the specific mechanism of injury.
Theory of causation
Petitioner Michael E. Deutsch alleged that an influenza vaccine administered on December 18, 2017, caused a shoulder injury related to vaccine administration (SIRVA), which is a condition listed on the Vaccine Injury Table. Petitioner claimed residual effects lasting over six months. Respondent denied a SIRVA Table injury and that the vaccine caused the alleged shoulder injury. The parties entered into a joint stipulation for compensation. The Special Master adopted the stipulation, awarding $10,000.00 as a lump sum. The public decision does not detail the specific mechanism of injury, medical experts, or evidence presented, relying instead on the stipulation. The theory of causation is based on the Vaccine Injury Table. Attorneys involved were Paul R. Brazil for the Petitioner and Naseem Kourosh for the Respondent. Special Master Christian J. Moran issued the decision on February 15, 2022.
Source PDFs
USCOURTS-cofc-1_19-vv-00530