Kay B. Harvey v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Kay B. Harvey filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on or about October 14, 2014.

She further alleged that she experienced residual effects of this condition for more than six months. The respondent denied that petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injuries or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court.

Kay B. Harvey was awarded a lump sum of $140,000.00, representing compensation for all items of damages available under the Vaccine Act.

The case was settled as a Table claim, with the award covering all damages. The decision was issued on October 16, 2019, following the petition filed on September 26, 2017.