Kesha Phelps v. HHS - Influenza, Parsonage Turner Syndrome and a shoulder injury related to vaccine administration (SIRVA) (2018)

Kesha Phelps filed a petition for vaccine compensation on February 16, 2017, alleging that she suffered from Parsonage Turner Syndrome and a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on October 23, 2015. The respondent, the Secretary of Health and Human Services, denied that the influenza immunization caused petitioner's injuries.

Despite this denial, the parties filed a joint stipulation on March 23, 2018, agreeing that a decision should be entered awarding compensation. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court.

Kesha Phelps was awarded a lump sum of $70,000.00, representing compensation for all damages available under the Vaccine Act. This award was for all items of damages that would be available under 42 U.S.C. § 300aa-15(a).

The case proceeded as a Table claim, as the influenza vaccine is contained in the Vaccine Injury Table. The stipulation also addressed future proceedings for attorneys' fees and costs.

The parties released the United States and the Secretary from all claims related to the alleged injury in exchange for the stipulated payment.