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

Mary Kane filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 6, 2021. She further alleged that the residual effects of her injury lasted for more than six months.

The respondent, the Secretary of Health and Human Services, denied that Ms. Kane 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 agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision.

Ms. Kane was awarded a lump sum of $52,500.00, which represents compensation for all items of damages available under the Vaccine Act.

This amount is intended to cover all damages, and the parties have agreed to settle the issues between them. The stipulation also addresses future proceedings for attorneys' fees and costs.