Matthew Karp v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Matthew Karp filed his petition on September 12, 2019, alleging that an influenza vaccination administered on October 22, 2018 caused a shoulder injury related to vaccine administration. The case proceeded before Special Master Nora Beth Dorsey, and Karp was represented by Leah VaSahnja Durant.
Respondent conceded entitlement. The concession accepted that Karp met the requirements for a Table SIRVA and had suffered residual effects for more than six months.
On March 12, 2021, Special Master Dorsey found him entitled to compensation. The public damages decision does not provide a detailed clinical narrative.
It does not identify Karp's first post-vaccination symptom, pain level, shoulder range-of-motion findings, imaging, injections, physical therapy, or work and daily-life effects. No competing experts or alternative diagnoses are discussed in the public text.
The victim's story in the available record is therefore limited: Karp tied a shoulder injury to the October 22, 2018 flu vaccination, respondent accepted that the injury satisfied the Table SIRVA requirements, and the remaining dispute was resolved by damages proffer. On June 21, 2021, Special Master Dorsey adopted the parties' proffer and awarded Karp $61,025.00.
The amount consisted of $60,000.00 for actual pain and suffering and $1,025.00 for past unreimbursable expenses. The award was payable as a lump sum to Karp.
Theory of causation
Influenza vaccine on October 22, 2018 causing shoulder injury related to vaccine administration (SIRVA). COMPENSATED. Respondent conceded Table SIRVA and more-than-six-month sequelae; public damages decision does not provide onset facts, physical findings, imaging, treatment timeline, expert opinions, alternative causes, or biological mechanism beyond the Table injury. Entitlement decision: Special Master Nora Beth Dorsey, March 12, 2021. Damages decision: June 21, 2021. Award $61,025.00 lump sum ($60,000.00 actual pain and suffering + $1,025.00 past unreimbursable expenses). Petition filed September 12, 2019. Attorney: Leah VaSahnja Durant.
Source PDFs
USCOURTS-cofc-1_19-vv-01395