Kailey Kinslow v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

On June 28, 2018, petitioner Kailey Kinslow filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on November 18, 2016. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On June 13, 2019, the respondent filed a Rule 4(c) report conceding that Ms. Kinslow was entitled to compensation.

The respondent concluded that Ms. Kinslow suffered a Table SIRVA injury, that no other cause for her condition was identified, and that the statutory six-month sequela requirement had been satisfied.

Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on June 14, 2019, finding petitioner entitled to compensation. Subsequently, on June 17, 2019, a Decision Awarding Damages was filed.

The respondent had filed a proffer on the award of compensation, indicating that petitioner should be awarded $92,939.73, an amount to which the petitioner agreed. Chief Special Master Dorsey awarded Ms.

Kinslow a lump sum payment of $92,939.73, payable by check to petitioner, representing compensation for all damages available under the Vaccine Act. Petitioner was represented by Jeffrey S.

Pop of Jeffrey S. Pop & Associates, and respondent was represented by Lara Ann Englund of the U.S.

Department of Justice.