Kimberly Monk v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Kimberly Monk filed a petition for compensation under the National Vaccine Injury Compensation Program on September 10, 2020. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 23, 2017.

The petition stated that the vaccine was received in the United States, that the residual effects of the injury lasted for more than six months, and that there had been no prior award or settlement of a civil action for damages. The respondent denied that petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused petitioner's alleged SIRVA or any other injury, and denied that petitioner's current condition was a sequelae of a vaccine-related injury.

Despite the respondent's denials, on December 19, 2022, 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 of the court. Kimberly Monk was awarded a lump sum of $98,000.00, payable to Petitioner, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The decision was issued on January 25, 2023. Petitioner's counsel was Leigh Finfer of Muller Brazil, LLP, and respondent's counsel was Nancy Tinch of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

The specific theory of causation relied upon by the parties in their stipulation is not detailed in the public decision.