Kevin Foxx v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2019)

Filed 2017-09-11Decided 2019-05-15Vaccine Influenza
compensated$53,000

Case summary [AI summaries can sometimes make mistakes]

Kevin Foxx filed a petition for compensation on September 11, 2017, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 16, 2016. The petition stated the vaccination was administered in the United States, that there had been no prior award or settlement for this condition, and that the sequelae of his injury had lasted more than six months.

The respondent denied that the flu vaccine caused petitioner's left shoulder injuries or any other injury or condition. Nevertheless, on March 18, 2019, the parties filed a joint stipulation for compensation.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Chief Special Master Dorsey awarded Kevin Foxx a lump sum of $53,000.00, payable to the petitioner, as compensation for all items of damages.

The decision was issued by Chief Special Master Nora Beth Dorsey. Petitioner was represented by Amy A.

Senerth of Muller Brazil, LLP, and respondent was represented by Traci R. Patton of the U.S.

Department of Justice. The decision was posted on the United States Court of Federal Claims' website.

Theory of causation

Petitioner Kevin Foxx alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 16, 2016. Respondent denied causation. The parties filed a joint stipulation for compensation on March 18, 2019. The Special Master adopted the stipulation, awarding $53,000.00 as a lump sum for all damages. The specific theory of causation, medical experts, clinical details of the injury, onset, symptoms, treatments, or the mechanism of injury were not described in the public decision, which was based on a stipulation. The case falls under the National Vaccine Injury Compensation Program, and the injury is categorized as SIRVA. The award was made by Chief Special Master Nora Beth Dorsey. Petitioner's counsel was Amy A. Senerth, and respondent's counsel was Traci R. Patton. The decision date was May 15, 2019.

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