Kenya Sample v. HHS - Influenza, brachial neuritis (2020)

Kenya Sample filed a petition for compensation under the National Vaccine Injury Compensation Program on September 14, 2018, alleging she suffered brachial neuritis as a result of an influenza vaccination administered on September 27, 2017. The petition stated that the vaccination was administered in the United States, that the effects of her injury lasted for more than six months, and that she had not received prior compensation for a vaccine-caused injury.

Respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's brachial neuritis or any other injury. Despite these denials, the parties filed a joint stipulation for damages on June 3, 2020.

Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting its terms as the decision of the court.

The stipulation awarded Kenya Sample a lump sum of $35,000.00, payable by check to the petitioner, as compensation for all damages available under the Vaccine Act. This amount was noted as representing a compromise of the parties' respective positions on liability and damages.

The stipulation also indicated that the parties would proceed to further proceedings for reasonable attorneys' fees and costs. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Adriana Ruth Teitel of the U.S.

Department of Justice. The decision was issued on July 6, 2020.