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

Kimberly Martin filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that the influenza vaccine she received on October 26, 2016, caused her to sustain a shoulder injury related to vaccine administration (SIRVA). She further alleged that she experienced the residual effects of her injury for more than six months.

The parties, Kimberly Martin and the Secretary of Health and Human Services, filed a joint stipulation for an award. Although the Respondent denied that Petitioner sustained a SIRVA, that the vaccine caused her alleged shoulder injury, or that her current condition is a sequelae of a vaccine-related injury, they agreed to the stipulation.

The court found the stipulation reasonable and adopted it as the decision of the Court. Kimberly Martin was awarded a lump sum of $20,000.00 as compensation for all damages available under the program.

The decision was entered on September 23, 2021, based on a stipulation filed on September 7, 2021, with the petition having been filed on October 25, 2019.