G. Matthew Kosma v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
G. Matthew Kosma filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on February 15, 2020.
The case was assigned to the Special Processing Unit. On June 28, 2023, the Chief Special Master issued Findings of Fact, concluding that the evidence demonstrated the vaccination was administered in the petitioner's left arm as alleged.
Following this ruling, on August 11, 2023, the respondent filed a Rule 4(c) Report stating that, in light of the fact ruling and the medical record, the respondent conceded entitlement, agreeing that the petitioner suffered a SIRVA as defined by the Vaccine Injury Table. The respondent did not dispute that the petitioner had satisfied all legal requisites for compensation.
Based on the respondent's position and the record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 11, 2023, finding the petitioner entitled to compensation.
Subsequently, on October 3, 2023, the respondent filed a proffer on the award of compensation, stating that the petitioner agreed with the proffered award. On November 14, 2023, Chief Special Master Corcoran issued a Decision on Damages, awarding G.
Matthew Kosma a lump sum payment of $65,000.00 for pain and suffering, to be paid by check to the petitioner. This award represents compensation for all damages available under Section 15(a) of the Act.
Petitioner was represented by Nancy Routh Meyers of Turning Point Litigation, and the respondent was represented by Madelyn Weeks of the U.S. Department of Justice.
Theory of causation
Petitioner G. Matthew Kosma alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on February 15, 2020. The case proceeded as a Table claim. The respondent conceded entitlement after the Chief Special Master issued a ruling confirming the vaccine was administered in the left arm, which was a key factual finding. The respondent's Rule 4(c) Report stated that, based on this fact ruling and the medical record, the respondent did not dispute that the petitioner satisfied all legal requisites for compensation under the Vaccine Act, acknowledging SIRVA as defined by the Vaccine Injury Table. The parties subsequently agreed to a stipulated award. Chief Special Master Brian H. Corcoran awarded G. Matthew Kosma a lump sum of $65,000.00 for pain and suffering. Petitioner was represented by Nancy Routh Meyers, and respondent was represented by Madelyn Weeks. The decision on damages was issued on November 14, 2023, following the entitlement ruling on August 11, 2023.