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

Filed 2019-09-18Decided 2021-08-27Vaccine Influenza
compensated$28,000

Case summary [AI summaries can sometimes make mistakes]

Kimberly Melhado filed a petition for compensation on September 18, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on February 15, 2018. Petitioner was represented by Paul R.

Brazil of Muller Brazil, LLP. Respondent, the Secretary of Health and Human Services, was represented by Mallori Browne Openchowski of the U.S.

Department of Justice. Respondent denied that petitioner suffered the onset of her alleged SIRVA within the Table timeframe, denied that the flu vaccine caused her alleged shoulder injury or any other injury, and further denied that her current disabilities were a sequela of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation on August 26, 2021, agreeing to settle the case. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as the court's decision. The decision awarded Kimberly Melhado a lump sum of $28,000.00 as compensation for all damages, representing a compromise of the parties' respective positions on liability and damages.

The decision was finalized on August 27, 2021. The public decision does not describe the specific onset, symptoms, medical tests, or treatments related to Ms.

Melhado's alleged injury, nor does it name any medical experts.

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