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

Filed 2023-05-03Decided 2024-12-02Vaccine Influenza
compensated$115,000

Case summary [AI summaries can sometimes make mistakes]

On May 3, 2023, Mikako Welborn filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from an influenza vaccine received on October 20, 2021. Petitioner stated the vaccine was administered in the United States and that her injury lasted for more than six months.

Respondent denied that the flu vaccine caused a SIRVA Table Injury or any other injury. Despite these positions, the parties filed a joint stipulation on October 29, 2024, agreeing to settle the case.

Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Mikako Welborn a lump sum of $115,000.00 for all damages.

This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Daniel Alholm of Alholm Law PC, and Respondent was represented by Adam Nemeth Muffett of the U.S.

Department of Justice.

Theory of causation

Petitioner Mikako Welborn received an influenza vaccine on October 20, 2021, and alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) that lasted more than six months. Respondent denied that the vaccine caused a SIRVA Table Injury or any other injury. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $115,000.00 for all damages under Section 15(a) of the Vaccine Act. The public decision does not describe the specific medical experts, clinical details of the injury, onset, symptoms, diagnostic tests, treatments, or the precise mechanism of injury. The case was settled via stipulation, and the public text does not specify if a Table theory was pursued or if the settlement reflects a compromise of liability and damages. Petitioner was represented by Daniel Alholm, and Respondent was represented by Adam Nemeth Muffett.

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