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

April Keib filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination administered on September 21, 2016. The respondent filed a Rule 4(c) report conceding that Ms.

Keib is entitled to compensation. The respondent found that Ms.

Keib satisfied the criteria set forth in the revised Vaccine Injury Table and Qualifications and Aids to Interpretation, which afford petitioners a presumption of causation if onset of SIRVA occurs within forty-eight hours after receipt of a seasonal flu vaccination and there is no alternative cause. The respondent also agreed that the medical records demonstrated that Ms.

Keib experienced the residual effects of her SIRVA for more than six months. Based on the respondent's concession and the evidence of record, the court found Ms.

Keib entitled to compensation. Subsequently, the parties submitted a proffer on award of compensation.

The respondent proffered that Ms. Keib should be awarded $100,040.00, comprised of $100,000.00 for pain and suffering and $40.00 for past, unreimbursed medical expenses.

Ms. Keib, who is a competent adult, agreed with the proffered award.

The court awarded Ms. Keib a lump sum payment of $100,040.00.