Tracy Kunca v. HHS - Influenza, pericarditis (2017)

Filed 2016-09-30Decided 2017-11-03Vaccine Influenza
compensated$7,500

Case summary [AI summaries can sometimes make mistakes]

Petitioner Tracy Kunca filed a petition for compensation under the National Vaccine Injury Compensation Program on September 30, 2016. She alleged that the influenza vaccine administered on October 7, 2013, significantly aggravated her pre-existing pericarditis.

Petitioner further claimed that this aggravation required hospitalization and surgical intervention, or resulted in residual effects lasting more than six months. The Respondent, the Secretary of Health and Human Services, denied that the flu vaccine aggravated her pericarditis or caused any other injury.

However, the parties subsequently filed a joint stipulation for damages. Special Master Herbrina Sanders reviewed the stipulation and found it to be reasonable, adopting it as the decision of the Court.

Petitioner Tracy Kunca was awarded a lump sum of $7,500.00 as compensation for all damages. The decision was entered on November 3, 2017.

The public decision does not describe the specific symptoms, medical tests, treatments, or expert witnesses involved in this case. Petitioner was represented by Nancy R.

Meyers of Ward Black Law, and Respondent was represented by Adriana R. Teitel of the United States Department of Justice.

Theory of causation

Petitioner Tracy Kunca alleged that the influenza vaccine administered on October 7, 2013, significantly aggravated her pericarditis, requiring hospitalization and surgical intervention or resulting in residual effects lasting more than six months. The Respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by the Special Master. Petitioner was awarded a lump sum of $7,500.00 for all damages. The public decision does not specify the medical mechanism, expert testimony, or specific evidence supporting the claim or denial. The case was decided by Special Master Herbrina Sanders on November 3, 2017. Petitioner's counsel was Nancy R. Meyers, and Respondent's counsel was Adriana R. Teitel.

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