Kim Bankowski v. HHS - Influenza, left shoulder injuries related to vaccine administration (“SIRVA”) (2021)
Case summary [AI summaries can sometimes make mistakes]
Kim Bankowski filed a petition for compensation under the National Vaccine Injury Compensation Program on August 22, 2019. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on November 2, 2017.
The case was assigned to the Special Processing Unit. On February 1, 2021, the Respondent filed a Rule 4(c) report conceding that Ms.
Bankowski met the criteria for a presumed SIRVA injury as defined by the Vaccine Injury Table. The Respondent agreed that Ms.
Bankowski had no prior history of pain, inflammation, or dysfunction in her left shoulder, that her pain occurred within 48 hours of the vaccination, that her pain and reduced range of motion were limited to the shoulder where the vaccine was administered, and that no other condition explained her symptoms. The Respondent also agreed that the statutory six-month sequela requirement was satisfied, meaning Ms.
Bankowski had met all legal prerequisites for compensation. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on February 2, 2021, finding Ms. Bankowski entitled to compensation.
Subsequently, on October 20, 2021, the Respondent filed a proffer on the award of compensation. The Respondent recommended an award of $95,707.08, consisting of $92,500.00 for pain and suffering and $3,207.08 for past unreimbursed medical expenses.
The Petitioner agreed with this proffered award. On November 29, 2021, Chief Special Master Corcoran issued a decision awarding Ms.
Bankowski a lump sum payment of $95,707.08, payable by check to her. The decision noted that Ms.
Bankowski is a competent adult and that evidence of guardianship was not required. The award represented compensation for all damages available under Section 15(a) of the Vaccine Act.
Petitioner counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent counsel was Debra A.
Filteau Begley of the U.S. Department of Justice.
Theory of causation
Petitioner Kim Bankowski received an influenza vaccine on November 2, 2017, and subsequently developed left shoulder injuries related to vaccine administration (SIRVA). The Respondent conceded that the claim met the criteria for a presumed SIRVA injury on the Vaccine Injury Table, satisfying the requirements of no prior shoulder issues, onset of pain within 48 hours of vaccination, localized symptoms to the vaccinated shoulder, and no other identified cause. The six-month sequela requirement was also met. A ruling on entitlement was issued on February 2, 2021, finding Petitioner entitled to compensation. On October 20, 2021, Respondent proffered an award of $95,707.08, comprising $92,500.00 for pain and suffering and $3,207.08 for past unreimbursed medical expenses, which Petitioner accepted. Chief Special Master Brian H. Corcoran issued a decision awarding this amount on November 29, 2021. Petitioner was represented by Paul R. Brazil, and Respondent was represented by Debra A. Filteau Begley.
Source PDFs
USCOURTS-cofc-1_19-vv-01253