Frances Kerr v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Frances Kerr filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 2, 2020. She claimed the vaccine was administered in the United States, she experienced residual effects for more than six months, and had no prior award or settlement for this condition.
Respondent denied that Petitioner sustained a Table SIRVA within the specified timeframe and denied that the flu immunization caused or significantly aggravated her alleged shoulder injury. Despite these positions, the parties filed a joint stipulation agreeing to settle the case.
The court adopted the stipulation, awarding Frances Kerr a lump sum of $22,500.00 as compensation for all items of damages available under the program. This award represents a compromise of the parties' respective positions on liability and damages.