Kelsey Gates v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Kelsey Gates, an adult, filed a petition for compensation on January 11, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 9, 2019. The case was assigned to the Special Processing Unit.
On May 6, 2024, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding that Petitioner established entitlement to compensation for a Table SIRVA.
The ruling noted that the injury manifested within 48 hours of vaccination, and despite a gap in treatment, evidence supported the persistence of the injury for over six months. The court also found that the vaccine was likely administered in the left shoulder, as alleged.
Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent's counsel was Meghan Murphy of the U.S.
Department of Justice. Following the entitlement ruling, the parties engaged in discussions regarding damages.
On August 30, 2024, Chief Special Master Corcoran issued a Decision on Damages, approving a stipulation between the parties. Petitioner was awarded $30,000.00 in a lump sum for pain and suffering, representing all elements of compensation to which she was entitled.
The decision was based on a Proffer filed by the respondent, which indicated Petitioner's agreement with the proposed award.
Theory of causation
Kelsey Gates, born in 1991, received an influenza vaccine on October 9, 2019. She alleged a shoulder injury related to vaccine administration (SIRVA). The public decision does not detail the specific mechanism of injury or name any medical experts. Petitioner alleged the vaccine was administered in her left shoulder, and presented a Facebook post from the day after vaccination showing a bandage on her left shoulder, and a later post describing pain within 24-48 hours. Medical records from January 2020 showed left shoulder pain, decreased range of motion, and positive impingement signs, assessed as left rotator cuff tendinitis. Physical therapy was initiated, showing improvement, but a gap in treatment occurred between February and October 2020. Petitioner returned to physical therapy in October 2020, reporting ongoing pain and difficulty with activities. The Chief Special Master found that Petitioner established entitlement to a Table SIRVA, meaning causation was presumed. Key findings included that the injury persisted for more than six months, the vaccine was likely administered in the left shoulder, and pain began within 48 hours of vaccination. The parties stipulated to an award of $30,000.00 for pain and suffering, issued on August 30, 2024, by Chief Special Master Brian H. Corcoran. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Meghan Murphy.
Source PDFs
USCOURTS-cofc-1_21-vv-00511