Kay Pate v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Kay Pate filed a petition for compensation under the National Vaccine Injury Compensation Program on April 14, 2017, alleging that an influenza vaccination she received on November 20, 2015, caused her to suffer a shoulder injury. The case was assigned to the Special Processing Unit.
On January 4, 2018, the respondent filed a Rule 4(c) report conceding that Ms. Pate was entitled to compensation.
The respondent stated that Ms. Pate's medical course was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) as defined on the Vaccine Injury Table.
Specifically, the respondent noted that Ms. Pate had no recent history of left shoulder pain, inflammation, or dysfunction; that pain occurred within 48 hours after the intramuscular vaccination; that the pain was limited to the shoulder where the vaccine was administered; and that no other condition or abnormality, such as brachial neuritis, was identified to explain the shoulder pain.
The respondent also confirmed that the residual effects of her condition lasted more than six months, satisfying all legal prerequisites for compensation. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on January 5, 2018, finding Ms.
Pate entitled to compensation. Subsequently, on August 14, 2018, the respondent filed a proffer on the award of compensation, proposing a total award of $78,083.78.
Ms. Pate agreed with this proffered award.
On October 23, 2018, Chief Special Master Dorsey issued a Decision Awarding Damages, awarding Ms. Pate a total of $78,083.78.
This amount comprised $77,500.00 for past and future pain and suffering and $583.78 for unreimbursable expenses. The award was to be paid as a lump sum check payable to Kay Pate.
Petitioner's counsel was Isaiah Richard Kalinowski of Maglio Christopher & Toale, PA. Respondent's counsel was Daniel Anthony Principato of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.
Theory of causation
Petitioner Kay Pate alleged that her November 20, 2015 influenza vaccination caused Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded entitlement, agreeing that petitioner's medical course was consistent with SIRVA as defined on the Vaccine Injury Table. The concession noted that pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain, with residual effects lasting over six months. The respondent's Rule 4(c) report and subsequent proffer confirmed these elements. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on January 5, 2018, finding petitioner entitled to compensation. A stipulated award of $78,083.78 was issued on October 23, 2018, consisting of $77,500.00 for past and future pain and suffering and $583.78 for unreimbursable expenses. Petitioner was represented by Isaiah Richard Kalinowski, and respondent by Daniel Anthony Principato. The public text does not detail the specific mechanism of injury or name any medical experts.
Source PDFs
USCOURTS-cofc-1_17-vv-00533