Kevin Heckathorn v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Kevin Heckathorn filed a petition for compensation under the National Vaccine Injury Compensation Program on May 19, 2022. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on September 20, 2020.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 12, 2023, conceding that Mr. Heckathorn's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he suffered residual effects for more than six months.
Based on the respondent's concession, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 13, 2023, finding Mr.
Heckathorn entitled to compensation. Subsequently, on November 3, 2023, the respondent filed a proffer on the award of compensation, which Mr.
Heckathorn agreed to. On December 11, 2023, Chief Special Master Corcoran issued a decision awarding Mr.
Heckathorn $75,180.09 in damages. This award consisted of $75,000.00 for pain and suffering and $180.09 for past unreimbursable expenses.
The award was to be paid as a lump sum check payable to Mr. Heckathorn, who is a competent adult.
The case proceeded as a Table claim, and the parties stipulated to the award amount. Petitioner was represented by Jeffrey S.
Pop of Jeffrey S. Pop & Associates, and respondent was represented by Bridget Corridon of the U.S.
Department of Justice.
Theory of causation
Petitioner Kevin Heckathorn alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on September 20, 2020. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that the residual effects lasted for more than six months. The case proceeded as a Table claim. No specific medical experts or detailed clinical information regarding the onset, symptoms, diagnostic tests, or treatment were described in the provided public text. The respondent's Rule 4(c) report and subsequent proffer, agreed to by the petitioner, led to an award. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on October 13, 2023, and the decision awarding damages on December 11, 2023. The award totaled $75,180.09, comprising $75,000.00 for pain and suffering and $180.09 for past unreimbursable expenses, paid as a lump sum to the petitioner. Attorneys for petitioner were Jeffrey S. Pop and Bridget Corridon for the respondent.
Source PDFs
USCOURTS-cofc-1_22-vv-00550