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.