Kristen McKiernan v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Kristen McKiernan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving influenza and/or Tdap vaccinations on February 10, 2021. She further alleged that the sequelae of her injury lasted for more than six months.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, the Chief Special Master issued a Ruling on Entitlement, finding Petitioner entitled to compensation.
Subsequently, the parties agreed to a proffer on an award of compensation. The Chief Special Master issued a Decision on Damages, awarding Kristen McKiernan a lump sum of $52,500.00 for pain and suffering.
This amount is intended to cover all damages available under Section 15(a) of the Act.
Source PDFs
USCOURTS-cofc-1_23-vv-00865