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

Filed 2024-05-10Decided 2025-08-12Vaccine Influenza
compensated$15,000

Case summary [AI summaries can sometimes make mistakes]

On May 10, 2024, Donna Kostuch filed a petition alleging that an influenza vaccination administered on October 4, 2022 caused a shoulder injury related to vaccine administration. She alleged residual effects lasting more than six months.

The public decision is a joint stipulation and does not describe onset, treatment, imaging, or expert opinions. Respondent denied that Ms.

Kostuch sustained a Table SIRVA, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was vaccine-related. The parties nevertheless agreed to settle.

On August 12, 2025, Chief Special Master Brian H. Corcoran adopted the stipulation and awarded Ms.

Kostuch $15,000 for all damages available under Section 15(a), payable through counsel's IOLTA account. She was represented by Kathleen Margaret Loucks of Lommen Abdo Law Firm.

Theory of causation

Influenza vaccine on October 4, 2022, adult exact age not stated, alleged SIRVA. COMPENSATED by joint stipulation. Respondent denied Table SIRVA, causation, and sequela, but stipulated to $15,000 for all damages. Public stipulation gives no detailed clinical timeline or expert analysis. Chief Special Master Corcoran, August 12, 2025. Attorney: Kathleen Margaret Loucks, Lommen Abdo Law Firm.

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