Kim Newdall v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Kim Newdall filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 16, 2018. The respondent denied that the vaccine caused her injury or any other condition.

The parties subsequently filed a joint stipulation agreeing to settle the case and award compensation. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision for the case. The decision awarded Kim Newdall a lump sum of $60,000.00, payable by check, as compensation for all damages available under the Vaccine Act.

This amount represents a negotiated settlement of liability and damages, and is not an admission by the government that the vaccine caused the injury. The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table.

Petitioner counsel was Bridget Candace McCullough of Muller Brazil, LLP, and respondent counsel was Austin Joel Egan of the U.S. Department of Justice.

The decision was issued on September 18, 2023.