Kenade Achelus-Knox v. HHS - tetanus, left shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Kenade Achelus-Knox filed a petition on January 7, 2021, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus vaccine on December 24, 2019.
This condition is recognized as a Table Injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 24, 2022, conceding that the petitioner met the criteria for SIRVA and was entitled to compensation.
Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 24, 2022, finding Kenade Achelus-Knox entitled to compensation.
Subsequently, on March 9, 2023, the parties submitted a proffer for damages. The respondent proposed an award of $60,894.85, which the petitioner agreed to.
This amount was comprised of $59,500.00 for pain and suffering, $57.00 for past unreimbursable expenses, and $1,337.85 for past lost wages. Chief Special Master Corcoran issued a decision on April 11, 2023, awarding Kenade Achelus-Knox a lump sum payment of $60,894.85, payable by check to the petitioner.
Petitioner counsel was Leah VaSahnja Durant. Respondent counsel included Lauren Kells and Bridget Corridon.
Theory of causation
Kenade Achelus-Knox received a tetanus vaccine on December 24, 2019, and subsequently alleged a left shoulder injury related to vaccine administration (SIRVA). This condition is listed as a Table Injury. The respondent conceded entitlement, agreeing that the petitioner met the criteria for SIRVA as defined by the Vaccine Injury Table and Qualifications and Aids to Interpretation. The public decision does not describe the specific mechanism of injury, onset, symptoms, medical tests, or treatments. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 24, 2022, finding the petitioner entitled to compensation. On March 9, 2023, a proffer on award of compensation was filed, agreeing to a total award of $60,894.85. This award includes $59,500.00 for pain and suffering, $57.00 for past unreimbursable expenses, and $1,337.85 for past lost wages. Chief Special Master Corcoran issued a decision awarding this amount on April 11, 2023. Petitioner counsel was Leah VaSahnja Durant, and respondent counsel included Lauren Kells and Bridget Corridon.
Source PDFs
USCOURTS-cofc-1_21-vv-00296