Mark Thoma v. HHS - Influenza, brachial neuritis (Parsonage-Turner Syndrome) and phrenic neuritis (2022)
Case summary [AI summaries can sometimes make mistakes]
Mark Thoma filed a petition on December 6, 2019, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered brachial neuritis, also known as Parsonage-Turner Syndrome, and phrenic neuritis as a result of an influenza vaccine he received on January 17, 2017.
Mr. Thoma stated that the vaccine was administered in the United States and that he experienced residual effects from his condition for more than six months.
He also affirmed that he had not previously received an award or settlement for this condition and that no civil action had been filed on his behalf. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr.
Thoma's brachial neuritis, phrenic neuritis, or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on July 14, 2022, agreeing to an award of compensation.
Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision.
He awarded Mark Thoma a lump sum of $110,000.00, payable to the petitioner, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of injury.
Petitioner's counsel was Andrew Donald Downing of Downing, Allison & Jorgenson, and respondent's counsel was Alexis B. Babcock of the U.S.
Department of Justice.
Theory of causation
Petitioner Mark Thoma alleged that an influenza vaccine received on January 17, 2017, caused brachial neuritis (Parsonage-Turner Syndrome) and phrenic neuritis. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $110,000.00 to the petitioner. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied the vaccine caused the alleged conditions. The award was based on a stipulation, not a finding of causation after litigation.
Source PDFs
USCOURTS-cofc-1_19-vv-01848