Kimberly Settle v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

On July 26, 2017, Kimberly Settle filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 21, 2016. The petition stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that no prior award or settlement had been made for her condition.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged SIRVA or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. The respondent also denied that the SIRVA onset occurred within the Table timeframe.

Despite these denials, on April 1, 2019, the parties filed a joint stipulation for compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.

Pursuant to the stipulation, Chief Special Master Dorsey awarded Kimberly Settle $42,000.00 as compensation for all items of damages, to be paid as a lump sum in the form of a check payable to the petitioner. The decision was posted on the United States Court of Federal Claims' website, with petitioner having 14 days to identify and move to redact any information that would constitute an unwarranted invasion of privacy.

Petitioner's counsel was Jeffrey S. Pop of Jeffrey S.

Pop & Associates. Respondent's counsel was Mallori Browne Openchowski of the U.S.

Department of Justice.