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

Filed 2017-02-03Decided 2018-06-11Vaccine Influenza
compensated$35,000

Case summary [AI summaries can sometimes make mistakes]

Jean Kaslik filed a petition for compensation under the National Vaccine Injury Compensation Program on February 3, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on October 5, 2015.

Ms. Kaslik further alleged that the vaccine was administered within the United States, that she experienced residual effects of this 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 as a result of her condition.

The respondent denied that Ms. Kaslik's alleged SIRVA, or any other injury, was caused-in-fact by her flu vaccination.

Despite this disagreement, the parties filed a joint stipulation on March 6, 2018, agreeing to settle the case and award compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable.

As per the stipulation, Ms. Kaslik was awarded a lump sum of $35,000.00, payable to her.

This amount represents compensation for all damages available under the Vaccine Act. The decision was issued on June 11, 2018.

Petitioner was represented by John Robert Howie of Howie Law, PC. Respondent was represented by Debra A.

Filteau Begley of the U.S. Department of Justice.

Theory of causation

Petitioner Jean Kaslik received an influenza vaccine on October 5, 2015, and alleged a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. Respondent denied that the SIRVA was caused-in-fact by the vaccination. The case was processed as a Table claim, as SIRVA is listed on the Vaccine Injury Table. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding Jean Kaslik $35,000.00 as compensation for all damages. The decision was issued on June 11, 2018. Petitioner was represented by John Robert Howie, and respondent was represented by Debra A. Filteau Begley.

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