Cecelia Keller v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Cecelia Keller filed a petition for compensation under the National Vaccine Injury Compensation Program on May 14, 2018, alleging that she received an influenza vaccine on November 14, 2016, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The respondent filed a Rule 4(c) report on April 4, 2019, conceding that the petitioner was entitled to compensation.

The respondent stated that the petitioner's injury was consistent with SIRVA, that a preponderance of the evidence established the SIRVA was caused by the flu vaccination received on November 14, 2016, and that no other causes for the injury were identified, satisfying the statutory six-month sequela requirement. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 5, 2019, finding Cecelia Keller entitled to compensation.

Subsequently, on August 28, 2019, the respondent filed a proffer on award of compensation. The proffer recommended an award of $47,971.65, comprising $47,500.00 for pain and suffering and $471.65 for past, unreimbursed medical expenses.

The petitioner agreed with this proffered award. On November 15, 2019, Chief Special Master Dorsey issued a decision awarding Cecelia Keller a lump sum payment of $47,971.65, payable by check to petitioner.

The decision noted that the petitioner is a competent adult and evidence of guardianship was not required. Petitioner was represented by Jessica Olins of Maglio Christopher & Toale, PA, and the respondent was represented by Mollie Danielle Gorney of the U.S.

Department of Justice.