Kathy Kovalcik v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2014)
Case summary [AI summaries can sometimes make mistakes]
Kathy Kovalcik, an adult, filed a petition on December 13, 2013, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 11, 2012. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on March 24, 2014, conceding that petitioner suffered from SIRVA and recommending compensation.
The parties subsequently entered into a stipulation and proffer regarding an award for damages and attorneys' fees and costs. Special Master Laura D.
Millman issued a decision on October 6, 2014, awarding a lump sum of $130,000.00 for all elements of compensation to petitioner Kathy Kovalcik. This award was to be paid via check to the petitioner.
Separately, on October 15, 2014, Special Master Millman issued a decision awarding attorneys' fees and costs. Following a stipulation of fact, the parties agreed to an award of $15,635.00 for attorneys' fees and costs.
This amount was to be paid via check jointly to petitioner Kathy Kovalcik and her counsel, Muller Brazil, LLP. The total compensation awarded in this case was $145,635.00.
Theory of causation
Petitioner Kathy Kovalcik alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 11, 2012. The respondent conceded that petitioner suffered from SIRVA and recommended compensation. The parties stipulated to an award. The Special Master, Laura D. Millman, found the terms of the proffer reasonable and awarded $130,000.00 for all elements of compensation under 42 U.S.C. § 300aa-15(a). Additionally, a separate stipulation resulted in an award of $15,635.00 for attorneys' fees and costs. The total award was $145,635.00. The specific medical mechanism, onset, symptoms, diagnostic tests, treatments, and expert testimony are not described in the provided public text. The theory of causation is based on the "Table" as indicated by the initial database fields, and the respondent's concession of SIRVA. Petitioner was represented by Maximillian J. Muller, and respondent was represented by Lynn E. Ricciardella. The decision on damages was issued October 6, 2014, and the decision on fees was issued October 15, 2014.
Source PDFs
USCOURTS-cofc-1_13-vv-00991