Kim Boyer v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)
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 May 5, 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.
Theory of causation
Petitioner Kim Boyer received an influenza vaccine on October 12, 2017. She alleged a shoulder injury related to vaccine administration (SIRVA). Respondent conceded entitlement, agreeing that Petitioner sustained the onset of a left SIRVA within the Table time period following the influenza vaccine, and that the injury is compensable under the National Childhood Vaccine Injury Act. The theory of causation relied upon the Vaccine Injury Table for SIRVA. No specific medical experts were named in the provided text. The award was a lump sum of $110,220.25, comprising $110,000.00 for pain and suffering and $220.25 for out-of-pocket expenses. The Ruling on Entitlement was issued on February 22, 2021, and the Decision Awarding Damages was issued on May 5, 2021, both by Chief Special Master Brian H. Corcoran. Petitioner's counsel was Amy A. Senerth, and respondent's counsel was Christine Mary Becer.
Source PDFs
USCOURTS-cofc-1_19-vv-01377