Barbara Kelly v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

Barbara Kelly filed a petition for compensation under the National Vaccine Injury Compensation Program after receiving an influenza vaccine on October 29, 2020. She alleged that she sustained a left shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table and experienced residual effects for more than six months.

Respondent denied that Petitioner sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injury. Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation.

Chief Special Master Corcoran adopted the stipulation as her decision, awarding Barbara Kelly a lump sum of $37,500.00 for all damages. The stipulation noted that this settlement was not an admission by the United States that the flu vaccine caused the alleged injury.

The case proceeded as a Table claim, and the parties agreed to resolve the matter through this stipulation.