Kathi Leopard v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Kathi Leopard filed a petition for compensation under the National Vaccine Injury Compensation Program on December 23, 2020. She alleged that she received an influenza vaccine on September 17, 2017, and subsequently suffered immediate pain and damage to her left shoulder.

The petition stated that the vaccination occurred in the United States and that no civil action or prior compensation had been sought for the alleged injury. The respondent, the Secretary of Health and Human Services, denied that Petitioner sustained a shoulder injury as defined in the Vaccine Injury Table, denied that the vaccine caused her alleged shoulder injury, and denied that her current condition was a sequelae of a vaccine-related injury.

Despite these denials, on December 23, 2020, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H.

Corcoran reviewed the stipulation, found it reasonable, and adopted it as the court's decision. Pursuant to the stipulation, Kathi Leopard was awarded a lump sum of $60,000.00, payable to Petitioner, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses. Petitioner was represented by Jon Eric Newlon of McCravy, Newlon, & Sturkie Law Firm, P.A., and Respondent was represented by Julia Marter Collison of the U.S.

Department of Justice.