Kimberly Durgala v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2015)
Case summary [AI summaries can sometimes make mistakes]
Kimberly Durgala filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by the trivalent influenza vaccine she received on November 25, 2013. The respondent, the Secretary of Health and Human Services, conceded that the evidence established that petitioner's left shoulder injury was caused-in-fact by the flu vaccine and that the injury lasted for more than six months.
Based on this concession, the Chief Special Master issued a ruling on entitlement, finding Ms. Durgala entitled to compensation.
Subsequently, the parties filed a proffer on award of compensation, agreeing to a lump sum payment of $125,000.00 for all damages. The court issued a decision awarding this amount.
Later, the parties filed a stipulation concerning attorneys' fees and costs, agreeing to an award of $16,000.00, which was also approved by the court. The case was resolved through concessions and stipulations, resulting in compensation for Ms.
Durgala.