Gerald Kiel v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2020)

Gerald Kiel filed a petition for vaccine compensation alleging that he suffered a left shoulder injury caused by the influenza vaccination he received on October 23, 2015. He further alleged that he continues to suffer the residual effects of this injury.

Respondent denied that Mr. Kiel sustained a Table SIRVA, denied that the flu vaccine caused his shoulder injuries, and denied that his current disabilities were a sequela of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Mr.

Kiel a lump sum of $55,000.00. This amount represents compensation for all items of damages available under the Vaccine Act.

The stipulation also noted that the parties would submit to further proceedings to award reasonable attorneys' fees and costs. The case was settled as a Table claim for SIRVA.