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

Kenneth Onwubiko filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination received on November 30, 2020. The petition stated that the vaccine was administered in the United States, the injury's residual effects lasted more than six months, and no civil action for damages had been brought.

Respondent denied that Mr. Onwubiko 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.

Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Mr.

Onwubiko a lump sum of $27,500.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs. The stipulation was a full and complete negotiated settlement of liability and damages, releasing the United States and the Secretary of Health and Human Services from further claims related to this vaccination.