Kayla Brown v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Kayla Brown filed a petition for compensation under the National Vaccine Injury Compensation Program on February 11, 2021, alleging injury from an influenza vaccine received on September 29, 2020. The petitioner claimed to have sustained a shoulder injury related to vaccine administration (SIRVA), which is listed on the Vaccine Injury Table, and that the residual effects of this condition lasted for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the petitioner's alleged injury or that her current condition was a sequela of a vaccine-related injury. Despite these opposing positions, the parties reached a joint stipulation for settlement.
Chief Special Master Brian H. Corcoran reviewed and adopted the stipulation as the decision of the court.
Under the terms of the stipulation, Kayla Brown was awarded a lump sum of $30,000.00, payable by check to the petitioner, as compensation for all damages. This award represents a compromise of the parties' respective stances on liability and damages.
The decision was filed on July 12, 2024. Petitioner was represented by Jessica Olins of Maglio Christopher & Toale, PA, and respondent was represented by Mitchell Jones of the U.S.
Department of Justice.
Theory of causation
Petitioner Kayla Brown received an influenza vaccine on September 29, 2020, and alleged a shoulder injury related to vaccine administration (SIRVA), which is a condition listed on the Vaccine Injury Table. Petitioner further alleged that the residual effects of this condition persisted for more than six months. Respondent denied that the vaccine caused the alleged injury or that the current condition was a sequela of a vaccine-related injury. The parties entered into a joint stipulation for settlement, agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner Kayla Brown a lump sum of $30,000.00 as compensation for all damages. The stipulation was filed on June 11, 2024, and the decision was issued on July 12, 2024. Petitioner was represented by Jessica Olins, and respondent was represented by Mitchell Jones.
Source PDFs
USCOURTS-cofc-1_21-vv-00912