Alan Kozuki v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
Alan Kozuki filed a petition for compensation under the National Vaccine Injury Compensation Program on June 30, 2016. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination he received on October 24, 2015.
The case was assigned to the Special Processing Unit. On December 5, 2016, a ruling on entitlement was issued, finding Mr.
Kozuki entitled to compensation for SIRVA. Subsequently, on March 8, 2017, the respondent filed a proffer on award of compensation.
The respondent represented that Mr. Kozuki agreed with the proffered award of $75,000.00.
Based on the record, Chief Special Master Nora Beth Dorsey awarded Mr. Kozuki a lump sum payment of $75,000.00.
This amount represents compensation for all damages available under the Vaccine Act, specifically 42 U.S.C. § 300aa-15(a). The award was to be paid in the form of a check payable to Alan Kozuki.
Petitioner's counsel was Paul Brazil of Muller Brazil, LLP. Respondent's counsel was Michael Milmoe of the U.S.
Department of Justice.
Theory of causation
Petitioner Alan Kozuki alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 24, 2015. The Special Master found entitlement to compensation for SIRVA. The respondent filed a proffer on award of compensation, agreeing to a $75,000.00 lump sum payment for all damages under 42 U.S.C. § 300aa-15(a), which petitioner accepted. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. The theory of causation is based on the "Table" of the Vaccine Injury Table, which presumes SIRVA is vaccine-related if it occurred within a specified timeframe after administration. The award was $75,000.00, paid as a lump sum check to Alan Kozuki. The decision was issued by Chief Special Master Nora Beth Dorsey on September 29, 2017, based on a proffer filed March 8, 2017. Attorneys involved were Paul Brazil for the petitioner and Michael Milmoe for the respondent.
Source PDFs
USCOURTS-cofc-1_16-vv-00776