Kimberly Sengenberger v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Kimberly Sengenberger filed a petition for compensation under the National Vaccine Injury Compensation Program on May 11, 2015. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 15, 2013.
The respondent denied that the flu vaccine caused her injury. Despite the denial, the parties filed a joint stipulation for damages, which the court adopted.
The stipulation awarded Ms. Sengenberger a lump sum of $65,000.00 for all items of damages and an additional $600.77 to satisfy a State of Kentucky Medicaid lien.
The total compensation awarded was $65,600.00. The decision was based on this joint stipulation.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Ronald Homer, and respondent counsel was Althea Davis.
The Special Master was Nora Beth Dorsey.
Theory of causation
Petitioner Kimberly Sengenberger alleged a shoulder injury related to vaccine administration (SIRVA) following receipt of an influenza vaccine on December 15, 2013. Respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $65,000.00 for all damages and $600.77 to satisfy a State of Kentucky Medicaid lien, totaling $65,600.00. The theory of causation was based on the Table, as indicated by the stipulation. No specific medical experts or detailed causation mechanism were described in the public decision. Petitioner was represented by Ronald Homer, and respondent by Althea Davis. The decision date was May 31, 2016.
Source PDFs
USCOURTS-cofc-1_15-vv-00477