Samantha Kennedy v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2026)
Case summary [AI summaries can sometimes make mistakes]
Samantha Kennedy 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 received on October 2, 2020. She presented with sharp pain immediately after the vaccination, which she consistently linked to the shot throughout her medical treatment.
Despite some initial inconsistencies in medical record dating regarding onset, the court found sufficient evidence, including witness affidavits, to establish that her pain began within 48 hours of vaccination. The court also found that her injury met the six-month severity requirement, as her symptoms persisted through March 2021, and her subsequent gap in treatment was reasonably explained by her husband's re-election campaign obligations.
Respondent contested entitlement, arguing the severity and onset requirements were not met. However, the court found that Petitioner satisfied all requirements for a Table SIRVA claim and is therefore entitled to compensation.
A separate damages order will be issued.
Source PDFs
USCOURTS-cofc-1_23-vv-00513