Bill Tackett, Jr. v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Bill Tackett, Jr. filed a petition for compensation under the National Vaccine Injury Compensation Program on November 30, 2020. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination he received on October 1, 2019.
Mr. Tackett further alleged that he experienced residual effects of his condition for more than six months, that there had been no prior award or settlement of a civil action for damages as a result of his condition, and that his vaccine was administered in the United States.
The respondent denied that Mr. Tackett sustained a shoulder injury as defined in the Vaccine Injury Table, 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 the respondent's denials, on February 13, 2024, the parties filed a joint stipulation agreeing that compensation should be awarded. Special Master Daniel T.
Horner found the stipulation to be reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Mr.
Tackett was awarded a lump sum of $27,500.00, payable by check to the petitioner, representing compensation for all eligible items of damages. The decision was issued on March 12, 2024.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Michael R.
Herron, II, of the Law Offices of Michael R. Herron, represented the petitioner, and Julia Marter Collison of the U.S.
Department of Justice represented the respondent.
Theory of causation
Petitioner Bill Tackett, Jr. alleged a shoulder injury related to vaccine administration (SIRVA) following an October 1, 2019, influenza vaccination. The respondent denied the alleged injury and causation. The parties filed a joint stipulation on February 13, 2024, agreeing to compensation. Special Master Daniel T. Horner adopted the stipulation, awarding $27,500.00. The theory of causation is based on the Vaccine Injury Table. The public decision does not name specific experts or describe the medical mechanism of injury. The award was made pursuant to a stipulation, not a finding of fact or law after litigation. Attorneys involved were Michael R. Herron, II for the petitioner and Julia Marter Collison for the respondent. The decision date was March 12, 2024.