Kimberly Duke v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
On November 1, 2018, Kimberly Duke filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccine she received on September 23, 2017. The respondent denied that Ms.
Duke sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on February 2, 2021, agreeing to an award of compensation.
Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision awarding damages.
Ms. Duke was awarded a lump sum of $45,000.00, payable by check to Petitioner, as compensation for all items of damages available under Section 15(a).
The decision does not describe the onset of symptoms, specific clinical details of the injury, diagnostic tests performed, or treatments received. Petitioner was represented by Gil L.
Daley, II, and respondent was represented by Ronalda Elnetta Kosh.
Theory of causation
Petitioner Kimberly Duke alleged a shoulder injury related to vaccine administration (SIRVA) caused-in-fact by an influenza vaccine received on September 23, 2017. Respondent denied a SIRVA Table injury and causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation resulted in an award of $45,000.00. The public decision does not specify the theory of causation, medical experts, or detailed medical evidence presented, other than the general allegation of SIRVA. The case was resolved via stipulation rather than litigation on the merits of causation.
Source PDFs
USCOURTS-cofc-1_18-vv-01691