Scott Kelbick v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

Scott Kelbick filed a petition for compensation on May 31, 2018, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on October 2, 2017. The respondent conceded that Mr.

Kelbick is entitled to compensation, agreeing that his medical course was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent noted that Mr.

Kelbick had no pre-vaccination history of shoulder pain, the pain occurred within 48 hours after vaccination, and the pain and reduced range of motion were limited to the shoulder where the vaccine was administered. The respondent also agreed that Mr.

Kelbick suffered residual effects for more than six months. A ruling on entitlement was issued on May 7, 2019, finding Mr.

Kelbick entitled to compensation. On March 27, 2020, the respondent filed a proffer on award of compensation, proposing an award of $139,566.06, comprised of $135,000.00 for pain and suffering and $4,566.06 for past unreimbursed medical expenses.

Mr. Kelbick, identified as a competent adult, agreed with the proffered award.

The court awarded Mr. Kelbick the stipulated amount of $139,566.06.