Zach Kellen v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2019)

Zach Kellen filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of his November 29, 2016 influenza vaccination. The case was assigned to the Special Processing Unit.

Respondent filed a Rule 4(c) report conceding entitlement, stating that petitioner's alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table. Respondent further agreed that no other condition or abnormality was identified to explain his condition, that petitioner suffered residual effects for more than six months, and that all legal prerequisites for compensation were satisfied.

A ruling on entitlement was issued on March 5, 2019, finding petitioner entitled to compensation. Subsequently, on September 10, 2019, respondent filed a proffer on award of compensation, recommending an award of $52,500.00 for pain and suffering, which petitioner agreed to.

The Chief Special Master issued a decision awarding petitioner a lump sum payment of $52,500.00 for pain and suffering, representing all elements of compensation under the Vaccine Act.