Kristen Walter v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2015)
Case summary [AI summaries can sometimes make mistakes]
Kristen Walter filed a petition for compensation under the National Vaccine Injury Compensation Program on November 10, 2014, alleging that an influenza vaccination received on January 15, 2014, caused her to suffer from a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, reviewed the medical records and filed a report conceding that Ms.
Walter is entitled to compensation. The respondent agreed that Ms.
Walter's alleged injury is consistent with SIRVA and that she has satisfied all legal prerequisites for compensation under the Act. Based on the respondent's concession and a review of the record, Special Master Lisa Hamilton-Fieldman found that Ms.
Walter is entitled to compensation. The case was therefore proceeding to the damages phase.
Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and Respondent was represented by Lisa A.
Watts of the United States Department of Justice. The decision was issued on January 30, 2015.
Theory of causation
Petitioner Kristen Walter alleged that an influenza vaccine administered on January 15, 2014, caused a shoulder injury related to vaccine administration (SIRVA). The Respondent conceded entitlement, agreeing that the alleged injury was consistent with SIRVA and that Petitioner met all legal prerequisites for compensation under the National Vaccine Injury Compensation Program. The specific medical records, onset, symptoms, diagnostic tests, treatments, expert testimony, or mechanism of injury were not described in the public text. The case proceeded to the damages phase based on the Respondent's concession. Special Master Lisa Hamilton-Fieldman issued the ruling on entitlement on January 30, 2015. Petitioner's counsel was Maximillian J. Muller, and Respondent's counsel was Lisa A. Watts. The theory of causation was based on the "Table" category of injuries.
Source PDFs
USCOURTS-cofc-1_14-vv-01095