Kimberely Mullins v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Kimberely Mullins filed a petition for compensation on December 21, 2020, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 17, 2019. The case was assigned to the Special Processing Unit.
Respondent filed a Rule 4(c) report conceding that Petitioner's claim met the Table criteria for SIRVA, noting no prior history of shoulder issues, pain onset within 48 hours post-vaccination, pain localized to the vaccine shoulder, and no other identified cause. Respondent also confirmed timely filing, US vaccination, and satisfaction of the severity requirement.
A ruling on entitlement was issued on September 23, 2022, finding Petitioner entitled to compensation. On December 19, 2022, Respondent filed a proffer on award of compensation, recommending $150,000.00 for pain and suffering and $2,371.25 for past unreimbursable expenses, totaling $152,371.25.
Petitioner agreed with the proffered award. A decision awarding damages was issued on January 23, 2023, granting Petitioner a lump sum payment of $152,371.25.
Source PDFs
USCOURTS-cofc-1_20-vv-01917