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

Filed 2019-10-09Decided 2021-07-06Vaccine Influenza
compensated$15,000

Case summary [AI summaries can sometimes make mistakes]

Angelia Keil filed a petition for compensation on October 9, 2019, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 11, 2018. Ms.

Keil contended that her injury met the Table definition for SIRVA or, alternatively, was caused-in-fact by the vaccine. She further alleged that she experienced residual effects from the injury for more than six months.

The respondent, the Secretary of Health and Human Services, denied that Ms. Keil sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury.

Despite these opposing positions, the parties filed a joint stipulation on July 6, 2021, agreeing to settle the case. Chief Special Master Brian H.

Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Ms.

Keil was awarded a lump sum of $15,000.00 as compensation for all damages. This amount represents a compromise of the parties' respective positions on liability and damages.

Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Zoe Wade of the U.S.

Department of Justice. The decision was issued on July 6, 2021, and posted on August 6, 2021.

Theory of causation

Petitioner Angelia Keil alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 11, 2018. She claimed the injury met the Table definition for SIRVA or was otherwise caused-in-fact by the vaccine, with residual effects lasting more than six months. Respondent denied the alleged injury and causation. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $15,000.00 as compensation for all damages. The stipulation represents a compromise of the parties' respective positions on liability and damages. Petitioner was represented by Maximillian J. Muller, and Respondent by Zoe Wade. The decision date was July 6, 2021.

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