Kathy Blackmon v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Kathy Blackmon filed a petition for compensation under the National Vaccine Injury Compensation Program on January 6, 2021, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 9, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 21, 2022, conceding that Ms.
Blackmon's injury met the Vaccine Injury Table definition for SIRVA and that she was entitled to compensation. Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on June 22, 2022, finding Ms. Blackmon entitled to compensation.
Subsequently, on March 22, 2024, the respondent filed a Proffer on Award of Compensation, which Ms. Blackmon agreed to.
The Special Master's decision, issued on April 24, 2024, awarded Ms. Blackmon a lump sum payment of $172,091.00.
This award included $145,000.00 for pain and suffering and $27,091.00 for past lost wages, representing compensation for all damages available under the Vaccine Act. Petitioner's counsel was Maximillian J.
Muller of Muller Brazil, LLP, and respondent's counsel was Lynn Christina Schlie of the U.S. Department of Justice.
Theory of causation
Kathy Blackmon filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 9, 2019. The respondent conceded that the injury met the Vaccine Injury Table definition for SIRVA. A ruling on entitlement was issued on June 22, 2022, finding petitioner entitled to compensation. On March 22, 2024, the respondent filed a proffer on award of compensation, which petitioner agreed to. The Special Master awarded a lump sum of $172,091.00, comprising $145,000.00 for pain and suffering and $27,091.00 for past lost wages. The public decision does not detail the specific medical mechanism of injury or name any experts. The theory of causation is based on the Vaccine Injury Table definition of SIRVA. Petitioner's counsel was Maximillian J. Muller, and respondent's counsel was Lynn Christina Schlie. Chief Special Master Brian H. Corcoran presided over the case.
Source PDFs
USCOURTS-cofc-1_21-vv-00140