Mark Kelner v. HHS - Influenza, right deltoid tendonitis (2020)

Mark Kelner filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered right deltoid tendonitis as a result of an influenza vaccine administered on October 6, 2016. He claimed the vaccine caused his injury and that he experienced residual effects for more than six months.

Respondent denied that the flu immunization caused his alleged tendonitis or a Table shoulder injury related to vaccine administration (SIRVA) within the Table's timeframe. Despite these denials, the parties filed a joint stipulation agreeing to settle the case.

The court adopted the stipulation, awarding Mr. Kelner a lump sum of $90,000.00 as compensation for all damages.

This amount represents a compromise of the parties' respective positions on liability and damages. The petition was filed on March 1, 2018, and the decision on the stipulation was issued on May 7, 2020.