Stephanie Kreuze v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Filed 2022-09-28Decided 2024-01-03Vaccine Influenza
compensated$50,690

Case summary [AI summaries can sometimes make mistakes]

Stephanie Kreuze filed a petition for compensation under the National Vaccine Injury Compensation Program on September 28, 2022, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 7, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 27, 2023, conceding that Ms.

Kreuze is entitled to compensation. The respondent concluded that her injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites for compensation.

On October 30, 2023, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms.

Kreuze entitled to compensation. Subsequently, on December 1, 2023, the parties submitted a proffer on the award of compensation.

The respondent proposed an award of $50,690.00, comprising $50,000.00 for pain and suffering and $690.00 for past unreimbursable expenses. Ms.

Kreuze agreed to this proffered award. Chief Special Master Corcoran issued a decision on January 3, 2024, awarding Ms.

Kreuze a total of $50,690.00 in a lump sum payment, representing compensation for all damages available under the Vaccine Act. Petitioner counsel was Paul R.

Brazil of Muller Brazil, LLP, and respondent counsel was Madelyn Weeks of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond its classification as a SIRVA.

Theory of causation

Petitioner Stephanie Kreuze alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on October 7, 2021. The respondent conceded entitlement, finding the injury consistent with a SIRVA Table injury and that all legal prerequisites were met. The case proceeded to an award of compensation. The theory of causation is based on the Vaccine Injury Table. No specific medical experts or detailed clinical information regarding the mechanism of injury, onset, symptoms, or treatment were detailed in the public decision. The award was $50,690.00, consisting of $50,000.00 for pain and suffering and $690.00 for past unreimbursable expenses, paid as a lump sum. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on October 30, 2023, and the final decision awarding damages on January 3, 2024. Petitioner was represented by Paul R. Brazil, and Respondent by Madelyn Weeks.

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