Irving Kodimer v. HHS - Influenza, bilateral shoulder injuries (2019)

Irving Kodimer filed a petition for compensation under the National Vaccine Injury Compensation Program on January 30, 2017. He alleged that he sustained bilateral shoulder injuries as a result of receiving influenza and pneumococcal conjugate vaccinations on October 19, 2015.

The respondent, the Secretary of Health and Human Services, denied that the vaccinations caused the alleged injuries. The parties, represented by counsel Amy A.

Senerth of Muller Brazil, LLP for the petitioner and Lara A. Englund of the United States Department of Justice for the respondent, reached a stipulation to settle the matter.

The stipulation, filed on April 5, 2019, provided for an award of compensation to the petitioner. The respondent maintained its denial of causation but agreed to the settlement terms.

Special Master Thomas L. Gowen reviewed the stipulation and found it reasonable.

The decision, dated May 3, 2019, adopted the stipulation and ordered judgment entered in accordance with its terms. The stipulation awarded Mr.

Kodimer a lump sum of $26,256.00, payable by check to the petitioner, representing all damages available under the National Vaccine Injury Compensation Program. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert testimony.

The specific mechanism of injury is also not detailed in the public decision.