Kimberly Duke v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2018-11-01Decided 2021-02-02Vaccine Influenza
compensated$45,000

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.

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