Virgil Kim v. HHS - DTaP, left brachial plexitis (2015)
Case summary [AI summaries can sometimes make mistakes]
Virgil Kim filed a petition for compensation under the National Vaccine Injury Compensation Program on November 7, 2014. He alleged that on October 12, 2013, he received DTaP and influenza vaccinations and subsequently developed pain in his left shoulder, along with numbness and tingling in his hands.
His diagnosis was left brachial plexitis triggered by the DTaP vaccination. The respondent conceded that Mr.
Kim had satisfied his burden of proof for an on-Table brachial neuritis injury resulting from the DTaP vaccine, and that the injury lasted more than six months. Based on this concession and the evidence, entitlement to compensation was granted.
Subsequently, the parties reached a proffer on damages. Mr.
Kim was awarded a lump sum of $91,255.90 for pain and suffering, past unreimbursable expenses, and projected unreimbursable expenses. Later, a stipulation for attorney fees and costs was filed, and the court awarded $9,286.28 in attorneys' fees and costs, jointly payable to Mr.
Kim and his counsel. The total compensation awarded to Mr.
Kim was $100,532.18.