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 March 22, 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.