Lisa Kennedy v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Filed 2023-10-11Decided 2025-02-10Vaccine Influenza
compensated$175,204

Case summary [AI summaries can sometimes make mistakes]

Lisa Kennedy filed a petition for compensation under the National Vaccine Injury Compensation Program on October 11, 2023, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on December 4, 2022. 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 met all legal prerequisites for compensation.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on July 24, 2024, finding Petitioner entitled to compensation.

Subsequently, on January 7, 2025, the parties filed a proffer on the award of compensation. Petitioner was awarded a lump sum of $175,204.92, comprising $170,000.00 for pain and suffering and $5,204.92 for past unreimbursable expenses.

This award represents compensation for all damages available under the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to the award amount.

Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and the Respondent was represented by Mark Kim Hellie of the U.S.

Department of Justice.

Theory of causation

Petitioner Lisa Kennedy alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on December 4, 2022. The Respondent conceded that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that all legal prerequisites for compensation were met. The case proceeded as a Table claim. No specific medical experts or detailed clinical information regarding the onset, symptoms, diagnostic tests, or treatment were described in the provided public text. The Special Master granted entitlement based on the Respondent's concession. An award of $175,204.92 was stipulated, consisting of $170,000.00 for pain and suffering and $5,204.92 for past unreimbursable expenses. Chief Special Master Brian H. Corcoran issued the Ruling on Entitlement on July 24, 2024, and the final Decision on Damages on February 10, 2025. Petitioner was represented by Maximillian J. Muller and Respondent by Mark Kim Hellie.

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