Kim Boyer v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2019-09-10Decided 2021-04-02Vaccine Influenza
compensated$110,220

Case summary [AI summaries can sometimes make mistakes]

Kim Boyer filed a petition for compensation on September 10, 2019, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 12, 2017. The respondent filed a Rule 4(c) report on February 19, 2021, conceding that Ms.

Boyer is entitled to compensation for a left SIRVA due to the flu vaccine she received on October 12, 2017, and that she satisfied the statutory requirements for compensation. On February 22, 2021, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement, finding Ms. Boyer entitled to compensation.

On April 1, 2021, the respondent filed a proffer on award of compensation, recommending an award of $110,220.25, consisting of $110,000.00 for pain and suffering and $220.25 for out-of-pocket expenses. The respondent represented that Ms.

Boyer, a competent adult, agreed with the proffered award. In a decision dated April 2, 2021, Chief Special Master Corcoran awarded Ms.

Boyer a lump sum payment of $110,220.25, consisting of $110,000.00 for pain and suffering and $220.25 for out-of-pocket expenses. Petitioner was represented by Amy A.

Senerth of Muller Brazil, LLP, and respondent was represented by Christine Mary Becer of the U.S. Department of Justice.

The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.

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