Kyrian J. Marshall v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Kyrian J. Marshall filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 17, 2017.

The respondent conceded that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that compensation was appropriate. The respondent noted that Petitioner had no recent history of shoulder pain, the onset of pain occurred within 48 hours after vaccination, the pain was limited to the vaccinated shoulder, and no other condition explained the symptoms.

The respondent also agreed that Petitioner met the statutory requirements by suffering the condition for more than six months. On December 22, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation.

Subsequently, on June 9, 2022, the parties submitted a proffer on an award of compensation. The court awarded Kyrian J.

Marshall a total of $132,887.71, which included $127,500.00 for pain and suffering, $3,021.88 for past unreimbursable expenses, and $2,365.83 for lost wages.