Samuel Kazery v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Samuel Kazery filed a petition for compensation under the National Vaccine Injury Compensation Program on October 3, 2017, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine. He further alleged that the residual effects of his injury lasted for more than six months, that there had been no prior award or settlement of a civil action for damages as a result of his condition, and that his vaccine was administered in the United States.

The respondent denied that petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused petitioner's alleged shoulder injury or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. Despite these denials, on October 26, 2021, the parties filed a joint stipulation agreeing that compensation should be awarded.

Special Master Daniel T. Horner found the stipulation reasonable and adopted it as the decision of the Court.

Samuel Kazery was awarded a lump sum of $95,000.00, payable to him, as compensation for all items of damages available under the Vaccine Act. The decision was issued on November 22, 2021.

Theodore J. Hong represented the petitioner, and Ronalda E.

Kosh represented the respondent. The public decision does not describe the specific date of vaccination, the onset of symptoms, specific clinical details of the injury, diagnostic tests, treatments, or expert witnesses.