Sharon Kantner v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Sharon Kantner filed a petition for compensation under the National Vaccine Injury Compensation Program on April 15, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 7, 2020. Petitioner alleged that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for her alleged injury.
The respondent, the Secretary of Health and Human Services, denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on May 16, 2024, agreeing to settle the case.
Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.
Pursuant to the stipulation, Sharon Kantner was awarded a lump sum of $37,500.00, payable to Petitioner, as compensation for all damages available under Section 15(a) of the Vaccine Act. The stipulation noted that this award may reflect a compromise of the parties' respective positions on liability and/or damages.
The parties also agreed to submit to further proceedings for the award of reasonable attorneys' fees and costs. The stipulation stated that it expressed a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, and that it was not an admission by the United States or the Secretary that the flu vaccine caused Petitioner's alleged injury or any other injury, or that Petitioner suffered an injury contained in the Vaccine Injury Table.
Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC.
Respondent was represented by James Vincent Lopez of the U.S. Department of Justice.
Theory of causation
Petitioner Sharon Kantner alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 7, 2020. The case proceeded as a Table claim. Respondent denied that Petitioner sustained a SIRVA Table injury or that the vaccine caused her alleged injury. The parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $37,500.00. This award represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). The stipulation explicitly stated that it was not an admission of causation by the respondent. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by James Vincent Lopez. The decision date was June 21, 2024.