Kristina Link v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Kristina Link filed her petition on May 10, 2018, alleging that an influenza vaccination administered on September 19, 2016 caused a shoulder injury related to vaccine administration. The claim proceeded before Special Master Nora Beth Dorsey, and Link was represented by Shealene Priscilla Mancuso of Muller Brazil.
Respondent conceded entitlement. The concession accepted that Link met the Table SIRVA criteria, that her case was timely filed, and that her shoulder injury persisted for more than six months.
On March 15, 2019, Special Master Dorsey found Link entitled to compensation. The public damages decision does not give a full clinical chronology.
It does not describe Link's first shoulder symptom, the precise onset interval, physical examination findings, imaging, injections, physical therapy, medication use, work limitations, or daily-life consequences. The available record therefore tells the story through the legal findings and the damages proffer: Link connected a shoulder injury to the September 2016 flu vaccination, respondent accepted the Table SIRVA criteria, and the parties resolved compensation without a disputed expert decision.
On April 10, 2019, Special Master Dorsey adopted the parties' proffer and awarded Link $69,197.97. The award consisted of $65,000.00 for pain and suffering and $4,197.97 for past out-of-pocket medical expenses.
The full amount was payable as a lump sum to Link.
Theory of causation
Influenza vaccine on September 19, 2016 causing shoulder injury related to vaccine administration (SIRVA). COMPENSATED. Respondent conceded Table SIRVA criteria, timeliness, and residual effects lasting more than six months. Public damages decision provides no onset details, exam findings, imaging, injections, therapy, experts, or biological mechanism beyond the conceded Table SIRVA. Entitlement decision: Special Master Nora Beth Dorsey, March 15, 2019. Damages decision: April 10, 2019. Award $69,197.97 lump sum ($65,000.00 pain and suffering + $4,197.97 past out-of-pocket medical expenses). Petition filed May 10, 2018. Attorney: Shealene Priscilla Mancuso, Muller Brazil.
Source PDFs
USCOURTS-cofc-1_18-vv-00663