Kerrie Burkett v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Kerrie Burkett, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her October 30, 2020 influenza vaccination. The respondent conceded that Ms.
Burkett was entitled to compensation, stating that she had no prior history of shoulder pain, that her pain and reduced range of motion began within 48 hours of the vaccination and were limited to the injection site, and that there was no other condition that could explain her symptoms. The respondent also agreed that the case was timely filed, the vaccination occurred in the United States, and Ms.
Burkett met the statutory severity requirement. The case proceeded as a Table claim for SIRVA.
On July 26, 2023, a ruling on entitlement was issued finding Ms. Burkett entitled to compensation.
Subsequently, on August 21, 2023, the respondent filed a proffer on award of compensation, which Ms. Burkett agreed to.
The court awarded Ms. Burkett a total of $87,082.61, consisting of $85,000.00 for pain and suffering, $1,013.39 for past unreimbursable expenses, and $1,069.22 for lost wages.