Robert Hintzke v. HHS - Influenza, anaphylaxis (2023)

Filed 2022-10-17Decided 2023-11-17Vaccine Influenza
compensated$117,178

Case summary [AI summaries can sometimes make mistakes]

Robert Hintzke filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered anaphylaxis within four hours of receiving an influenza vaccination on September 3, 2020. He further alleged that he experienced residual effects from his condition for more than six months.

The respondent conceded that Mr. Hintzke satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation.

The respondent agreed that Mr. Hintzke experienced anaphylaxis within four hours of the vaccination, that there was no preponderant evidence of an alternate cause, and that he suffered residual effects for more than six months.

Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Mr. Hintzke entitled to compensation.

Subsequently, the respondent filed a proffer on award of compensation, recommending a total award of $117,178.00, consisting of $110,000.00 for pain and suffering and $7,178.00 for past unreimbursable expenses. Mr.

Hintzke agreed with this proffered award. The Chief Special Master issued a decision awarding Mr.

Hintzke the lump sum of $117,178.00.

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