Kent Kemmerer v. HHS - Influenza, shoulder injury related to vaccine administration (2018)

Kent Kemmerer filed a petition for compensation under the National Vaccine Injury Compensation Program on July 21, 2017. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination he received on September 22, 2016.

Mr. Kemmerer further alleged that the residual effects of his injury lasted for more than six months and that no other party had received compensation for his vaccine-caused injury.

The respondent denied that the flu vaccine caused petitioner’s alleged left SIRVA or any other injury, and denied that petitioner’s current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denial, on September 24, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the Court's decision. Pursuant to the stipulation, Kent Kemmerer was awarded a lump sum of $76,235.73, payable to him, as compensation for all items of damages.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Lisa Ann Watts.