Vada Kimey v. HHS - Influenza, brachial neuritis (Parsonage Turner syndrome) (2018)

Filed 2016-10-12Decided 2018-02-12Vaccine Influenza
compensated$60,000

Case summary [AI summaries can sometimes make mistakes]

Vada Kimey filed a petition for vaccine compensation on October 12, 2016, alleging that the influenza vaccine she received on November 30, 2015, caused her to suffer brachial neuritis, also known as Parsonage Turner syndrome. The petition stated that the injury's residual effects lasted for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Ms. Kimey's condition.

Despite this denial, the parties reached a joint stipulation to resolve the case. Special Master Christian J.

Moran reviewed the stipulation, found it reasonable, and adopted it as the Court's decision. As part of the stipulation, Ms.

Kimey was awarded a lump sum payment of $60,000.00, representing compensation for all damages available under the National Vaccine Injury Compensation Program. The decision was entered on February 12, 2018.

Petitioner was represented by John R. Howie, Jr. of Howie Law, P.C., and respondent was represented by Ann D.

Martin of the United States Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, or treatments.

The specific mechanism of causation was not detailed in the public decision, but the injury is listed on the Vaccine Injury Table.

Theory of causation

Petitioner Vada Kimey received an influenza vaccine on November 30, 2015. She alleged this vaccine caused brachial neuritis (Parsonage Turner syndrome), with residual effects lasting over six months. The respondent denied causation. The parties entered into a stipulation, which was adopted by Special Master Christian J. Moran. The injury, brachial neuritis, is listed on the Vaccine Injury Table. The stipulation does not detail specific medical experts, clinical findings, or a mechanism of injury beyond its inclusion on the Table. Petitioner was awarded $60,000.00 as a lump sum for all damages. The decision was entered on February 12, 2018. Petitioner's counsel was John R. Howie, Jr., and respondent's counsel was Ann D. Martin. The theory of causation relies on the Vaccine Injury Table listing for brachial neuritis.

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