Kathryn Keeney v. HHS - Influenza, left Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Kathryn Keeney filed a petition for compensation under the National Vaccine Injury Compensation Program on January 3, 2019. She alleged that she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination she received on August 26, 2017.
Ms. Keeney stated that she had no prior history of left shoulder injuries or neurological disorders and that her injuries and sequelae lasted for more than six months.
The respondent denied that the flu vaccine caused petitioner's injury or that she suffered a SIRVA Table injury. However, on July 22, 2020, the parties filed a joint stipulation agreeing that compensation should be awarded.
Chief Special Master Brian H. Corcoran found the stipulation to be reasonable and adopted it as the decision.
The decision awarded Kathryn Keeney a lump sum of $57,000.00, payable by check to the Petitioner, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury.
Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Mollie Danielle Gorney of the U.S.
Department of Justice.
Theory of causation
Petitioner Kathryn Keeney alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on August 26, 2017. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran on August 25, 2020. The award was $57,000.00. The theory of causation was based on the Vaccine Injury Table (SIRVA). The public decision does not name specific medical experts or detail the mechanism of injury beyond the Table classification. Petitioner was represented by Paul R. Brazil, and respondent was represented by Mollie Danielle Gorney.
Source PDFs
USCOURTS-cofc-1_19-vv-00011