David Horn v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
David Horn filed a petition for compensation under the National Vaccine Injury Compensation Program on February 24, 2025, alleging injury from an influenza vaccine received on September 21, 2021. He claimed a shoulder injury related to vaccine administration (SIRVA) that persisted for more than six months.
The respondent denied that the injury was a Table SIRVA or that the vaccine caused the condition. Despite these denials, the parties filed a joint stipulation on February 21, 2025, agreeing to settle the case and award compensation.
The court adopted the stipulation, awarding David Horn a lump sum of $25,000.00 for all damages. This amount is intended to compensate for all items of damages available under Section 15(a) of the Vaccine Act.
The decision was issued on March 28, 2025, and judgment will be entered accordingly, unless a motion for review is filed. Petitioner was represented by Maximillian J.
Muller of Muller Brazil, LLP, and the respondent was represented by Rachelle Bishop of the U.S. Department of Justice.
Chief Special Master Brian H. Corcoran issued the decision.
Theory of causation
Petitioner David Horn received an influenza vaccine on September 21, 2021. He alleged a shoulder injury related to vaccine administration (SIRVA) that persisted for more than six months, which is a condition listed in the Vaccine Injury Table. The respondent denied that the injury was a Table SIRVA, that the vaccine caused the injury, or that the condition was a sequela of a vaccine-related injury. The parties filed a joint stipulation agreeing to settle the case. The Special Master adopted the stipulation, awarding a lump sum of $25,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The decision was issued by Chief Special Master Brian H. Corcoran on March 28, 2025. Petitioner was represented by Maximillian J. Muller, and respondent was represented by Rachelle Bishop. The stipulation does not admit that the vaccine caused the alleged injury.