Karen Cain v. HHS - Influenza, left shoulder injuries (2020)

Karen Cain filed a petition for compensation under the National Vaccine Injury Compensation Program on March 8, 2018, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination received on October 29, 2016. The vaccination was administered in the United States, and Ms.

Cain alleged that she suffered residual effects for more than six months. Respondent denied that petitioner sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injuries.

Despite these positions, the parties filed a joint stipulation agreeing to a settlement. Chief Special Master Brian H.

Corcoran adopted the stipulation as the decision. Pursuant to the stipulation, Ms.

Cain was awarded a lump sum of $95,000.00, payable to her, representing compensation for all items of damages available under the Vaccine Act, including pain and suffering, past lost wages, and past unreimbursed expenses. Petitioner was represented by Maximillian J.

Muller of Muller Brazil, LLP, and respondent was represented by Mollie Danielle Gorney of the U.S. Department of Justice.

The decision was issued on March 27, 2020.