Kimberly K Vogleman v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Kimberly K. Vogleman filed a petition for vaccine compensation on January 7, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 20, 2019.
She claimed the injury occurred within the time period set forth in the Vaccine Injury Table and that she experienced residual effects for more than six months. Respondent denied that Ms.
Vogleman sustained a SIRVA Table injury or that the flu vaccine caused her alleged shoulder injury. Despite these differing positions, the parties filed a joint stipulation on October 4, 2024, agreeing to settle the case.
The court adopted the stipulation as its decision, awarding Ms. Vogleman a lump sum of $30,000.00 as compensation for all damages.
This award represents a compromise of the parties' respective positions on liability and damages. The case proceeded as a Table claim, and the award covers all items of damages available under the Vaccine Act.
Source PDFs
USCOURTS-cofc-1_21-vv-00226