Kent A. Stensrud v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Kent A. Stensrud filed a petition for compensation under the National Vaccine Injury Compensation Program on April 19, 2024.
He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA), a defined Table injury, after receiving a tetanus, diphtheria, acellular pertussis (Tdap) vaccine on June 23, 2022. Mr.
Stensrud alleged that he received the vaccine within the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation for his injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 13, 2025, conceding that Mr.
Stensrud's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he had satisfied all legal prerequisites for compensation. Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on January 13, 2025, finding Mr. Stensrud entitled to compensation.
Subsequently, on May 27, 2025, the respondent filed a proffer on award of compensation. The proffer indicated that Mr.
Stensrud should be awarded a total of $72,380.30, which included $70,000.00 for pain and suffering, $1,025.96 for past unreimbursable expenses, and $1,354.34 for past lost wages. The proffer stated that Mr.
Stensrud agreed with this proffered award. Chief Special Master Corcoran issued a decision on June 30, 2025, awarding Mr.
Stensrud a lump sum payment of $72,380.30, to be paid through an ACH deposit to his counsel's IOLTA account for prompt disbursement. This award represented compensation for all damages available under Section 15(a) of the Act.
Petitioner was represented by Timothy James Lessman of Knutson & Casey Law Firm, and respondent was represented by Theodore Van Beek and later Katherine Edwards of the U.S. Department of Justice.
Theory of causation
Petitioner Kent A. Stensrud alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving a Tdap vaccine on June 23, 2022. SIRVA is a defined Table injury. The respondent conceded that the injury was consistent with SIRVA and that petitioner met all legal prerequisites for compensation. A ruling on entitlement was issued on January 13, 2025, finding petitioner entitled to compensation. On May 27, 2025, a proffer on award of compensation was filed, agreeing to a total award of $72,380.30, comprising $70,000.00 for pain and suffering, $1,025.96 for past unreimbursable expenses, and $1,354.34 for past lost wages. Chief Special Master Brian H. Corcoran issued the decision awarding damages on June 30, 2025. Petitioner was represented by Timothy James Lessman and respondent by Theodore Van Beek and Katherine Edwards.
Source PDFs
USCOURTS-cofc-1_24-vv-00616