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

Kathleen Burden filed a petition for compensation under the National Vaccine Injury Compensation Program on January 10, 2023. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed in the Vaccine Injury Table, as a result of receiving an influenza vaccine on October 19, 2021.

Ms. Burden claimed the vaccine was administered in the United States, that she experienced residual effects of her condition for more than six months, and that there had been no prior award or settlement of a civil action for damages related to her condition.

The respondent, the Secretary of Health and Human Services, denied that Ms. Burden suffered a Table SIRVA injury, denied that any 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 opposing positions, the parties filed a joint stipulation on October 21, 2024, agreeing to settle the case. Chief Special Master Brian H.

Corcoran adopted the stipulation as the decision of the court. Pursuant to the stipulation, Ms.

Burden was awarded a lump sum of $25,000.00, payable to her, as compensation for all items of damages available under the Vaccine Act. This award represents a negotiated settlement of liability and damages.

The decision was issued on November 22, 2024. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Ryan Pohlman Miller of the U.S.

Department of Justice.