Michael Hileman v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Michael Hileman filed a petition for compensation on January 6, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 12, 2020. The respondent filed a Rule 4(c) report conceding that Mr.
Hileman was entitled to compensation, stating that his case met the criteria for a Table injury. The respondent agreed that Mr.
Hileman timely filed his case, received the vaccine in the United States, and satisfied the statutory severity requirement by suffering residual effects for more than six months. Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on January 3, 2023, finding Mr. Hileman entitled to compensation.
Subsequently, on March 2, 2023, the respondent filed a proffer recommending an award of $60,714.85. This amount included $60,000.00 for pain and suffering and $714.85 for out-of-pocket expenses.
Mr. Hileman, who is a competent adult, agreed with this proffered award.
Chief Special Master Corcoran issued a decision on April 3, 2023, awarding Mr. Hileman the sum of $60,714.85 as a lump sum payment.
Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Katherine Carr Esposito of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Michael Hileman alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 12, 2020. The respondent conceded that the injury met the criteria for a Table injury under the Vaccine Injury Table and Qualifications and Aids to Interpretation (QAI). The respondent agreed that the petitioner timely filed, received the vaccine in the United States, and met the statutory severity requirement of suffering residual effects for more than six months. The public text does not detail the specific mechanism of injury or name any medical experts. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 3, 2023, finding the petitioner entitled to compensation. On March 2, 2023, respondent filed a proffer recommending an award of $60,714.85, consisting of $60,000.00 for pain and suffering and $714.85 for out-of-pocket expenses, which the petitioner accepted. Chief Special Master Corcoran issued a decision awarding this amount on April 3, 2023. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Katherine Carr Esposito.
Source PDFs
USCOURTS-cofc-1_21-vv-00157