Jeffrey Horning v. HHS - Tdap, left shoulder injury related to vaccine administration ("SIRVA") and "brain fog" (2022)

Filed 2020-02-20Decided 2022-03-04Vaccine Tdap
compensated$17,500

Case summary [AI summaries can sometimes make mistakes]

Jeffrey Horning filed a petition for compensation under the National Vaccine Injury Compensation Program on February 20, 2020, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) and brain fog caused by a Tdap vaccine administered on June 27, 2017. The petition stated the vaccine was administered in the United States, the injury had residual effects for over six months, and there was no prior award or settlement.

Respondent denied that the Tdap vaccine caused the alleged injuries, including SIRVA, which is a Table injury. The parties filed a joint stipulation on February 1, 2022, agreeing to settle the case.

Pursuant to the stipulation, Chief Special Master Brian H. Corcoran awarded Jeffrey Horning $15,000.00 as a lump sum payment and $2,500.00 to reimburse a Medicaid lien.

This compensation covers all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC, and Respondent was represented by Alexis B. Babcock of the U.S.

Department of Justice. The decision was issued on March 4, 2022.

Theory of causation

Petitioner Jeffrey Horning alleged that a Tdap vaccine administered on June 27, 2017, caused a left shoulder injury related to vaccine administration (SIRVA) and brain fog. SIRVA is a Table injury. Respondent denied causation. The parties filed a joint stipulation agreeing to settle the case. The stipulation does not detail the specific medical mechanism or expert testimony presented. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. The award consists of a $15,000.00 lump sum payment to the petitioner and $2,500.00 to reimburse a Medicaid lien. Petitioner was represented by Leah VaSahnja Durant and Respondent by Alexis B. Babcock. The decision was issued on March 4, 2022.

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