Kenneth L. Niemczyk v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Kenneth Niemczyk filed a petition for compensation under the National Vaccine Injury Compensation Program on October 30, 2017, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 16, 2015. The respondent conceded that petitioner was entitled to compensation, agreeing that the alleged injury was consistent with SIRVA and that petitioner met all legal prerequisites.

A ruling on entitlement was issued on September 24, 2018, finding Niemczyk entitled to compensation. Subsequently, on January 15, 2019, a decision awarding damages was issued based on a proffer filed by the respondent.

The parties agreed to an award of $132,204.82, which included $130,000.00 for pain and suffering and $2,204.82 for past out-of-pocket medical expenses. This amount represented all elements of compensation available under the Vaccine Act.

The case was treated as a Table injury claim, and the respondent conceded entitlement.