Kelly Bradley v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2019-09-17Decided 2021-11-04Vaccine Influenza
compensated$72,000

Case summary [AI summaries can sometimes make mistakes]

Kelly Bradley filed a petition for compensation under the National Vaccine Injury Compensation Program on September 17, 2019. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 22, 2018.

Ms. Bradley stated that she received the vaccine in the United States, experienced residual effects for more than six months, and had no prior award or settlement for this injury.

The respondent denied that the flu vaccine caused her injury or that she sustained a SIRVA Table injury. Despite the respondent's denial, the parties filed a joint stipulation on October 5, 2021, agreeing that compensation should be awarded.

Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the court's decision.

Kelly Bradley was awarded a lump sum of $72,000.00, 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 tests, treatments, or expert witnesses.

Petitioner was represented by Nancy Routh Meyers of Turning Point Litigation, and respondent was represented by Lauren Kells of the U.S. Department of Justice.

Theory of causation

Petitioner Kelly Bradley alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 22, 2018. Respondent denied causation and a SIRVA Table injury. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. Petitioner was awarded $72,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement. The theory of causation is based on a "Table" injury, as indicated in the respondent's denial and the stipulation's reference to SIRVA Table injury.

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