Kimberly Scott v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Filed 2020-05-27Decided 2022-06-24Vaccine Influenza
compensated$30,000

Case summary [AI summaries can sometimes make mistakes]

On May 27, 2020, Kimberly Scott filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging injury from an influenza vaccine she received on October 9, 2018. Ms.

Scott claimed to have suffered a shoulder injury related to vaccine administration (SIRVA) within the time period specified by the Vaccine Injury Table and that her condition was caused by the vaccine, with residual effects lasting more than six months. The respondent denied that Ms.

Scott sustained a SIRVA Table injury or that her alleged shoulder injury and its residual effects were caused by the flu vaccine. Despite these denials, the parties filed a joint stipulation on May 18, 2022, agreeing to settle the case.

Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Ms.

Scott a lump sum of $30,000.00 as compensation for all damages. This award represents a negotiated settlement of liability and damages.

Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Adriana Ruth Teitel of the U.S.

Department of Justice. The decision was issued on June 24, 2022.

Theory of causation

Petitioner Kimberly Scott received an influenza vaccine on October 9, 2018. She alleged a shoulder injury related to vaccine administration (SIRVA) within the time period specified by the Vaccine Injury Table, with residual effects lasting more than six months, and that the vaccine caused her condition. Respondent denied a SIRVA Table injury and causation. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $30,000.00 to Petitioner. The stipulation represents a negotiated settlement of liability and damages. Petitioner was represented by Paul R. Brazil, and respondent was represented by Adriana Ruth Teitel. The decision was issued on June 24, 2022.

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