Bradford Kaup v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

Bradford Kaup filed a petition for compensation under the National Vaccine Injury Compensation Program on December 12, 2017, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of his influenza vaccination on November 18, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 5, 2018, conceding that Mr.

Kaup's injury was consistent with SIRVA and caused by the flu vaccination. The respondent further agreed that no other cause for the injury was identified, the sequela requirement was satisfied, and all legal prerequisites for compensation were met.

Based on the respondent's concession and the evidence, a ruling on entitlement was issued on November 6, 2018, finding Mr. Kaup entitled to compensation.

Subsequently, on November 15, 2018, the respondent filed a proffer on the award of compensation, recommending an award of $90,718.18. Mr.

Kaup agreed with this proffered amount. On January 16, 2019, a decision was issued awarding Mr.

Kaup a lump sum payment of $90,718.18, representing compensation for all damages available under the Vaccine Act.