Paula Kwon v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Paula Kwon filed a petition for compensation under the National Vaccine Injury Compensation Program on April 3, 2015, alleging that she suffered a shoulder injury caused in fact by an influenza vaccination she received on October 5, 2013. Ms.
Kwon stated that she received the vaccination in the United States, experienced residual effects for more than six months, and had not previously received compensation for vaccine-related injuries. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccination caused petitioner's shoulder injury or any other injury.
Despite the denial, the parties filed a joint stipulation for damages and attorneys' fees and costs. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the court's decision.
Petitioner was awarded a lump sum of $50,000.00 for all items of damages. Additionally, a separate stipulation addressed attorneys' fees and costs.
On December 30, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $17,000.00. Chief Special Master Dorsey granted this request, awarding the total amount as a lump sum check jointly payable to petitioner Paula Kwon and her counsel, Maximillian Muller.
The total award for Ms. Kwon was $67,000.00 ($50,000.00 for damages and $17,000.00 for attorneys' fees and costs).
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Paula Kwon alleged that an influenza vaccination received on October 5, 2013, caused in fact her shoulder injury. The respondent denied causation. The parties filed a joint stipulation for damages and attorneys' fees and costs. The Special Master adopted the stipulation, awarding $50,000.00 for damages and $17,000.00 for attorneys' fees and costs, totaling $67,000.00. The theory of causation was based on the "Table" category, indicating a condition listed in the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings supporting the alleged causation.
Source PDFs
USCOURTS-cofc-1_15-vv-00346