Jean Kusiak v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Jean Kusiak filed a petition for compensation under the National Vaccine Injury Compensation Program on July 18, 2017, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her October 4, 2013 influenza vaccination. She further alleged that she suffered residual effects of her injury for more than six months and that there had been no prior award or settlement of a civil action for damages on her behalf.

The respondent denied that the flu vaccine caused petitioner's alleged SIRVA or any other injury or her current condition. Nevertheless, on July 18, 2017, the parties filed a joint stipulation for compensation.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Ms.

Kusiak was awarded $65,000.00 as a lump sum payment, representing compensation for all items of damages available under the Vaccine Act. Paul S.

Cantor, Esq. represented the petitioner, and Althea Walker Davis represented the respondent. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or expert witnesses.