Kellie Duncan v. HHS - Influenza, shoulder injury related to vaccine administration (2018)
Case summary [AI summaries can sometimes make mistakes]
On January 30, 2017, Kellie Duncan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that her influenza vaccination on September 24, 2015, caused a shoulder injury related to vaccine administration (SIRVA). Ms.
Duncan claimed to have experienced residual effects of the injury for more than six months and stated there had been no prior award or settlement of a civil action for damages related to her condition. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms.
Duncan's shoulder injury or any other injury or current condition. Despite this disagreement, on October 5, 2017, both parties filed a joint stipulation agreeing to settle the case and award compensation.
Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Pursuant to the stipulation, Ms.
Duncan was awarded a lump sum of $125,000.00, payable by check to petitioner. This amount is intended to cover all damages available under the National Vaccine Injury Compensation Program.
The decision was based on the joint stipulation, not on a finding of fact or law regarding the merits of the claim. The case was filed on January 30, 2017, and the decision awarding damages was issued on February 14, 2018.
Petitioner was represented by Kathryn Lee Bruns of Faraci Lange, LLP, and respondent was represented by Lara Ann Englund of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.
Theory of causation
Petitioner Kellie Duncan received an influenza vaccine on September 24, 2015, and alleged it caused a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation to settle the case, agreeing to an award of $125,000.00. The Special Master adopted the stipulation, awarding the lump sum for all damages available under the Vaccine Act. The decision was based on the stipulation, not a finding of fact or law on the merits. The theory of causation falls under the "Table" category, as SIRVA is a condition listed in the Vaccine Injury Table. The public decision does not detail specific medical experts, the mechanism of injury, or the breakdown of the award beyond the lump sum. The stipulation explicitly states it is not an admission by the respondent that the vaccine caused the alleged injury. The case was filed on January 30, 2017, and the decision was issued on February 14, 2018. Petitioner's counsel was Kathryn Lee Bruns, and respondent's counsel was Lara Ann Englund. Chief Special Master Nora Beth Dorsey issued the decision.
Source PDFs
USCOURTS-cofc-1_17-vv-00134