Cynthia Kuhn v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)

Filed 2015-11-19Decided 2016-02-17Vaccine Influenza
compensated$65,000

Case summary [AI summaries can sometimes make mistakes]

Cynthia Kuhn filed a petition for compensation under the National Vaccine Injury Compensation Program on November 19, 2015, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on September 27, 2013. Petitioner stated that she received a vaccine set forth in the Vaccine Table, that the injury's effects lasted more than six months, and that no lawsuits had been filed or settlements or awards accepted for her vaccine-related injury.

The respondent denied that the influenza immunization caused petitioner's alleged shoulder injury or any other condition. Despite the respondent's denial, the parties filed a joint stipulation for damages on November 18, 2015.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the court. The stipulation awarded Cynthia Kuhn a lump sum of $65,000.00, payable to petitioner, as compensation for all eligible damages.

The court directed the clerk to enter judgment accordingly.

Theory of causation

Petitioner Cynthia Kuhn alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 27, 2013. The respondent denied causation. The parties filed a joint stipulation for damages, which was approved by Chief Special Master Nora Beth Dorsey. The stipulation awarded petitioner $65,000.00 in a lump sum. The public decision does not describe the specific theory of causation, medical experts, or the mechanism of injury. The case was resolved via stipulation, indicating a "Table" theory of causation was likely considered or agreed upon for the purpose of settlement, as SIRVA is a condition listed in the Vaccine Injury Table.

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