Kehkahsan Khatoon v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

Filed 2017-09-14Decided 2019-02-27Vaccine Influenza
compensated$18,000

Case summary [AI summaries can sometimes make mistakes]

Kehkahsan Khatoon filed a petition for compensation under the National Vaccine Injury Compensation Program on September 14, 2017. The petition alleged that Ms.

Khatoon suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on September 19, 2014. Ms.

Khatoon further alleged that she had not received a prior award or settlement for this injury, that the vaccine was administered in the United States, and that she suffered residual effects of the injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Ms.

Khatoon's alleged SIRVA or any other injury. Despite the respondent's denial, on January 23, 2019, the parties filed a joint stipulation agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Ms.

Khatoon was awarded a lump sum of $18,000.00, payable by check to the petitioner. This amount was intended to represent compensation for all items of damages available under the Vaccine Act.

The decision directed the clerk of the court to enter judgment in accordance with this decision, unless a motion for review was filed. Scott William Rooney represented the petitioner, and Sarah Christina Duncan represented the respondent.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation

Petitioner Kehkahsan Khatoon alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on September 19, 2014. The respondent denied causation. The parties filed a joint stipulation for compensation, which the Special Master adopted. The stipulation resulted in an award of $18,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied causation. The award was based on a joint stipulation.

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