Patricia Kennedy v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Patricia Kennedy filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 15, 2020. She claimed to continue suffering residual effects from the injury for more than six months post-vaccination.
Respondent denied that Ms. Kennedy sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injury or any other condition.
Despite these denials, the parties filed a joint stipulation agreeing that the case should be settled with an award of compensation. The court adopted the stipulation as its decision, awarding Ms.
Kennedy a lump sum of $55,000.00. This amount represents compensation for all items of damages available under the Vaccine Act.
The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs. The stipulation was a full and complete negotiated settlement of liability and damages, with the understanding that it did not constitute an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused Ms.
Kennedy's alleged injury.
Source PDFs
USCOURTS-cofc-1_21-vv-00587