Keely Knudsen v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Keely Knudsen filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccine she received on December 13, 2017. Ms.
Knudsen's medical records from prior to her vaccination showed no significant medical conditions, and specifically no injuries to or medical issues with her right shoulder. She received the flu vaccine in her right arm and subsequently sought treatment for right shoulder pain approximately 30 days after vaccination.
Her physical therapy records noted the onset of pain on December 13, 2017. Ms.
Knudsen provided affidavit testimony detailing the immediate onset of pain and frozen mobility in her right arm following the vaccination, which was corroborated by her husband and mother. The respondent initially argued that the onset of pain did not occur within 48 hours and that the injury was not limited to the vaccinated shoulder.
However, the court found sufficient evidence, including lay testimony and medical records, to establish that the onset of pain occurred within 48 hours of vaccination and that the injury was localized to her right shoulder. The court determined that Ms.
Knudsen satisfied all the criteria for a Table SIRVA injury. Subsequently, a damages decision was issued based on a proffer agreement between the parties.
Ms. Knudsen was awarded $55,561.04, comprising $55,000.00 for pain and suffering and $561.04 for unreimbursable out-of-pocket expenses.
Source PDFs
USCOURTS-cofc-1_18-vv-01971