Katherine Jinkerson v. HHS - Influenza, vertigo, labyrinthitis, and possibly a Shoulder Injury Related to Vaccine Administration (“SIRVA”) (2024)

Katherine Jinkerson filed a claim on September 5, 2018, alleging that she developed vertigo, labyrinthitis, and possibly SIRVA as a result of receiving an influenza vaccine on October 7, 2015. She continued to file medical records supporting her claim until May 28, 2020.

Respondent filed a report on January 11, 2021, recommending against compensation, arguing that the onset of petitioner's labyrinthitis occurred less than 48 hours after vaccination and did not provide an appropriate timeframe to infer a causal relationship. Petitioner filed expert reports in June 2021, and respondent filed their own expert reports.

After failing to resolve the case informally, the parties requested a ruling on the record. Petitioner filed a motion for a ruling on the record on October 12, 2022, to which respondent responded on December 12, 2022.

Petitioner filed a reply brief on January 4, 2024. On February 2, 2024, petitioner filed a motion for interim attorneys' fees and costs, requesting $69,987.90.

Respondent responded on February 20, 2024, recommending the Special Master exercise discretion to determine a reasonable award. The Special Master granted the motion, awarding $69,987.90 in interim attorneys' fees and costs, finding the claim was brought in good faith and with a reasonable basis, and that an interim award was appropriate due to the protracted nature of the case and the costs incurred for experts.