Jerrod Krebs v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
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.
Theory of causation
Petitioner Jerrod Krebs, age 44, received an influenza vaccine on September 21, 2019. He alleged a Shoulder Injury Related to Vaccine Administration (SIRVA). The Special Master found that Petitioner met the criteria for a Table SIRVA claim. Specifically, the Special Master found that Petitioner had no prior history of shoulder issues that would explain his symptoms, that his pain onset occurred within 48 hours of vaccination (despite a one-month delay in seeking treatment, which was deemed de minimis for SIRVA), that his pain and reduced range of motion were limited to the right shoulder, and that MRI findings of degenerative changes were common for his age and did not constitute a disqualifying condition. Petitioner also met the statutory requirements of receiving a covered vaccine in the U.S. and suffering residual effects for more than six months, with no prior civil award. The Special Master awarded $60,000.00 for past pain and suffering, finding this amount appropriate based on the moderate severity and duration of the injury (approximately 18 months of treatment with significant gaps), the conservative treatment received (including three steroid injections and non-compliant telehealth PT), and comparison to prior SIRVA awards. Petitioner was represented by Paul R. Brazil, and Respondent by Sarah Black Rifkin. The decision was issued by Chief Special Master Brian H. Corcoran on December 2, 2024.
Source PDFs
USCOURTS-cofc-1_21-vv-00484