Tracy Kilmartin v. HHS - Influenza, left-sided shoulder injury related to vaccine administration (SIRVA) (2022)

Tracy Kilmartin filed a petition for compensation on May 7, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on September 18, 2018. Ms.

Kilmartin stated the vaccine was administered in the United States, that she experienced residual effects of her injury for more than six months, and that she had no prior award or settlement for her condition. The respondent denied that Ms.

Kilmartin sustained a Table SIRVA within the specified timeframe and denied that the influenza immunization caused or significantly aggravated her alleged shoulder injury. The parties filed a joint stipulation on March 15, 2022, agreeing to settle the case.

Chief Special Master Brian H. Corcoran adopted the stipulation as the decision awarding damages.

Ms. Kilmartin was awarded a lump sum of $40,000.00, representing compensation for all items of damages available under Section 15(a) of the National Vaccine Injury Compensation Program.

The decision was entered on March 16, 2022. Petitioner was represented by Matthew F.

Belanger of Faraci Lange, LLP, and the respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice.