David Christian Kunz v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
David Christian Kunz filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination he received on October 7, 2015. The respondent conceded that Mr.
Kunz was entitled to compensation, agreeing that he had no prior shoulder issues, that pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that Mr.
Kunz suffered residual effects for more than six months and met all legal prerequisites for compensation. Consequently, a ruling on entitlement was issued, finding Mr.
Kunz entitled to compensation. Subsequently, the parties reached a stipulation for damages.
The court awarded Mr. Kunz a total of $116,105.73, which included $110,000.00 for pain and suffering, $3,245.72 for lost wages, and $2,860.01 for unreimbursed medical expenses.
This award was made as a lump sum payment. Mr.
Kunz is a competent adult, and no guardianship was required.
Source PDFs
USCOURTS-cofc-1_18-vv-00681