Benjamin Kochevar v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Benjamin Kochevar filed a petition on December 21, 2020, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 21, 2020.

Mr. Kochevar stated that he received the vaccine in the United States, experienced residual effects of his injury for more than six months, and had no prior award or settlement for damages related to his condition.

The respondent, the Secretary of Health and Human Services, denied that Mr. Kochevar sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury.

On April 14, 2023, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H.

Corcoran adopted the stipulation as the decision. The decision awarded Benjamin Kochevar a lump sum of $25,000.00, payable by check to the Petitioner, as compensation for all items of damages.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC, and Respondent was represented by Joseph Adam Lewis of the U.S. Department of Justice.