Joshua Lige Kelly v. HHS - Hepatitis A, right shoulder injury related to vaccine administration (SIRVA) (2022)

Joshua Lige Kelly filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving a Hepatitis A vaccine on December 10, 2018. He claimed the injury was either a Table injury or caused-in-fact by the vaccine and that its residual effects lasted more than six months.

Respondent denied that Mr. Kelly sustained a SIRVA Table injury or that the vaccine caused his alleged shoulder injury.

Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation. The Chief Special Master adopted the stipulation, awarding Mr.

Kelly $42,815.23. This amount included a lump sum of $40,000.00 payable to Mr.

Kelly and $2,815.23 to reimburse a Medicaid lien. The award represents compensation for all damages available under the Vaccine Act.

Mr. Kelly agreed to endorse the check for the Medicaid lien.

The stipulation also addressed future proceedings for attorneys' fees and costs and included a release of claims against the United States and the Secretary of Health and Human Services.