Jerrod Krebs v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

On January 11, 2021, Jerrod Krebs filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on September 21, 2019. Mr.

Krebs, who was 44 years old at the time of vaccination, reported experiencing right shoulder pain approximately 32 days after receiving the vaccine. His medical history was otherwise non-contributory.

He sought treatment over approximately 18 months, including anti-inflammatory medication, three steroid injections, and telehealth physical therapy, though he was noted to be non-compliant with his home exercise program. Respondent contested that the injury onset occurred within the 48-hour window required for a Table claim and argued that degenerative changes found on MRI could explain the pain.

The Special Master found that the evidence preponderantly established that the onset of pain occurred within 48 hours of vaccination and that the degenerative changes were common for his age and did not preclude a Table SIRVA diagnosis. The Special Master also found that Mr.

Krebs met the other requirements for entitlement, including the six-month duration of symptoms. The parties stipulated to damages for past pain and suffering.

Chief Special Master Brian H. Corcoran awarded Mr.

Krebs $60,000.00 for past pain and suffering, considering the severity and duration of his injury, the treatment received, and comparing it to prior SIRVA cases, while also noting a significant gap in care and less severe pain ratings compared to some higher awards. Petitioner was represented by Paul R.

Brazil of Muller Brazil, LLP, and Respondent was represented by Sarah Black Rifkin of the U.S. Department of Justice.