Rachel Kellogg v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

Rachel Kellogg filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 23, 2019. The respondent, the Secretary of Health and Human Services, conceded that Ms.

Kellogg is entitled to compensation, agreeing that she suffered a SIRVA, which is a defined Table Injury. A ruling on entitlement was issued on December 20, 2021, finding her eligible.

Subsequently, on January 14, 2022, the respondent filed a proffer on award of compensation. The parties agreed to an award of $57,500.00 for pain and suffering and $4,299.79 to satisfy a New York State Medicaid lien.

Chief Special Master Corcoran issued a decision awarding a total of $61,799.79 on February 17, 2022. The award was structured as a lump sum payment to Ms.

Kellogg for pain and suffering and a separate payment for the Medicaid lien, payable jointly to Ms. Kellogg and the New York Department of Health.