Nick Koropatny v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Nick Koropatny filed a petition for compensation on September 12, 2017, alleging that the influenza and tetanus-diphtheria-acellular pertussis (Tdap) vaccines he received on or about October 26, 2016, caused him to suffer a shoulder injury related to vaccine administration (SIRVA). He further alleged that he suffered residual effects of this injury for more than six months.
The respondent denied that the vaccines caused SIRVA or any other injury. However, the parties filed a joint stipulation agreeing to compensation.
Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
The decision awarded Mr. Koropatny a lump sum payment of $60,000.00, payable by check to the petitioner.
This amount represents compensation for all damages available under the National Vaccine Injury Compensation Program. The decision directed the clerk to enter judgment according to the decision and stipulation.
Leah V. Durant represented the petitioner, and Lara A.
Englund represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Nick Koropatny alleged that influenza and Tdap vaccines received on or about October 26, 2016, caused a shoulder injury related to vaccine administration (SIRVA), with residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation was based on the theory that the vaccines are contained in the Vaccine Injury Table (42 C.F.R. §100.3(a)) and caused SIRVA. The public text does not name specific experts or describe the mechanism of injury beyond the general "Table" theory. The award was a lump sum of $60,000.00. Attorneys for petitioner were Leah V. Durant and for respondent was Lara A. Englund. The decision was issued on July 15, 2021.
Source PDFs
USCOURTS-cofc-1_17-vv-01240