Scott Kashkin v. HHS - Influenza, Left Shoulder Injury (2018)

Scott Kashkin filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered an injury to his left shoulder as a consequence of an influenza vaccine he received on September 30, 2014. He further alleged that he suffered the residual effects of this injury for more than six months.

Respondent denied that the flu vaccine caused petitioner’s alleged left shoulder pain or any other injury, and further denied that his current disabilities were a sequela of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on August 7, 2017, stating that a decision should be entered awarding compensation.

The court found the stipulation reasonable and adopted it as the decision of the Court in awarding damages. Scott Kashkin was awarded a lump sum of $85,000.00, representing compensation for all items of damages available under the Vaccine Act.

The decision was issued on February 1, 2018.