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

Filed 2021-10-26Decided 2021-11-30Vaccine Influenza
compensated$20,000

Case summary [AI summaries can sometimes make mistakes]

Melissa Kirit filed a petition for compensation under the National Vaccine Injury Compensation Program on October 26, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on November 6, 2017, and that she experienced residual effects for more than six months.

The respondent denied that Ms. Kirit sustained a SIRVA Table injury and denied that her alleged shoulder injury or any other condition was caused by the flu vaccine.

Despite these denials, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H.

Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. Ms.

Kirit was awarded a lump sum of $20,000.00, 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 examinations, treatments, or expert witnesses.

Petitioner was represented by Jeffrey A. Golvash of Golvash & Epstein, LLC, and respondent was represented by Althea Walker Davis of the U.S.

Department of Justice.

Theory of causation

Petitioner Melissa Kirit alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 6, 2017, with residual effects lasting over six months. Respondent denied a SIRVA Table injury and causation. The parties reached a joint stipulation for compensation. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the agreement to compensate. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $20,000.00 for all damages under Section 15(a). Petitioner's counsel was Jeffrey A. Golvash, and respondent's counsel was Althea Walker Davis. The decision date was November 30, 2021.

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