Jason Kahn v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Jason Kahn filed a petition for compensation under the National Vaccine Injury Compensation Program on June 13, 2017, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 5, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 27, 2018, conceding that Mr.
Kahn was entitled to compensation. The respondent agreed that Mr.
Kahn's injury met the criteria for SIRVA as set forth in the Vaccine Injury Table. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 1, 2018, finding Mr.
Kahn entitled to compensation. Subsequently, on November 9, 2018, the respondent filed a proffer on the award of compensation.
The parties stipulated to an award of $69,440.59. This amount comprised $67,500.00 for pain and suffering and $1,940.59 for past unreimbursable expenses.
Chief Special Master Dorsey issued a decision awarding damages on December 19, 2018, in the stipulated amount. The award was to be paid as a lump sum check to Jason Kahn.
Petitioner counsel was John Caldwell and Franklin John Caldwell, Jr. of Maglio Christopher & Toale, PA. Respondent counsel was Claudia Barnes Gangi and Sarah Christina Duncan of the U.S.
Department of Justice.
Theory of causation
Petitioner Jason Kahn alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 5, 2016. The respondent conceded entitlement, agreeing that the injury met the criteria for SIRVA as set forth in the Vaccine Injury Table. The public text does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. A ruling on entitlement was issued on March 1, 2018, by Chief Special Master Nora Beth Dorsey. On November 9, 2018, the parties stipulated to an award of $69,440.59, consisting of $67,500.00 for pain and suffering and $1,940.59 for past unreimbursable expenses. Chief Special Master Dorsey issued the final decision awarding damages on December 19, 2018. Petitioner counsel was John Caldwell and Franklin John Caldwell, Jr.; respondent counsel was Claudia Barnes Gangi and Sarah Christina Duncan.
Source PDFs
USCOURTS-cofc-1_17-vv-00789