Samuel Kamau v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Samuel Kamau filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on February 27, 2018. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation.
The respondent agreed that Mr. Kamau's injury was consistent with SIRVA as defined in the Vaccine Injury Table, noting he had no prior shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the left shoulder, and no other condition explained the pain.
Furthermore, the respondent acknowledged that Mr. Kamau experienced residual effects for more than six months and met all legal prerequisites for compensation.
Based on the respondent's concession and the evidence, the court found Mr. Kamau entitled to compensation.
Subsequently, the parties filed a joint stipulation for damages. The court awarded Mr.
Kamau a total of $82,181.20, which included $2,181.20 for reimbursement of a Medicaid lien and $80,000.00 for all remaining damages. This stipulation resolved liability and damages, with Mr.
Kamau releasing the United States from further claims related to the vaccination.
Source PDFs
USCOURTS-cofc-1_19-vv-00549