Kathy Nicholas v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Kathy Nicholas filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on October 29, 2021. She stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that she had no prior award or settlement for her condition.

The respondent denied that Petitioner suffered from SIRVA, denied that the vaccine caused her injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The court adopted the stipulation and awarded Kathy Nicholas a lump sum of $23,500.00. This amount represents compensation for all items of damages available under the Vaccine Act.

The decision was entered on July 2, 2024, based on a stipulation filed on May 23, 2024, with the petition having been filed on November 15, 2022.