Dale Kilpatric v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2019)

On August 16, 2018, Dale Kilpatric filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a left shoulder injury related to vaccine administration (SIRVA) causally related to an influenza vaccine he received on September 14, 2016. Mr.

Kilpatric further alleged that he suffered residual effects from the injury for more than six months. The respondent denied that Mr.

Kilpatric sustained a Table SIRVA injury, denied that the vaccine caused or significantly aggravated his alleged injury or any other injury, and denied that his current disabilities were the result of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on August 30, 2019, agreeing to settle the issues between them.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Mr.

Kilpatric was awarded a lump sum of $70,000.00, payable by check to the petitioner, as compensation for all items of damages available under § 15(a), including past unreimbursed expenses and pain and suffering. This award represents a settlement of liability and damages, and Mr.

Kilpatric released the United States and the Secretary of Health and Human Services from further claims related to the vaccine administration. The decision was posted on the Court of Federal Claims website.

Brenton Aaron Elswick represented the petitioner, and Darryl R. Wishard represented the respondent.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.