Krystal Kilgore v. HHS - Hepatitis B, right shoulder injury related to vaccine administration (SIRVA) (2023)

On May 24, 2021, Krystal Kilgore filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a right shoulder injury related to vaccine administration (SIRVA) after receiving a Hepatitis B vaccine on March 14, 2019. Petitioner, who was 47 years old at the time, received the third dose of the Hepatitis B vaccine in her right deltoid.

She alleged that her SIRVA symptoms persisted for more than six months, meeting the Vaccine Act's severity requirement. The respondent initially contested entitlement, arguing that Petitioner's injury resolved within two months and that she did not seek further treatment for over fourteen months.

However, the Chief Special Master issued a Ruling on Entitlement on September 29, 2023, finding that Petitioner had satisfied the requirements for a Table SIRVA injury, including the six-month severity requirement. The ruling noted that while Petitioner experienced significant improvement with physical therapy in April and May 2019, her injury was not fully resolved, and she continued to experience pain with certain movements.

The significant gap in treatment was attributed to a job change and lack of insurance, as well as the mild and intermittent nature of her pain. The orthopedist's opinion that Petitioner's 2020 symptoms were a continuation of the earlier vaccine-related injury was given significant weight.

The ruling also confirmed that Petitioner met all criteria for a Table SIRVA, including no prior history of shoulder issues, pain onset within 48 hours of vaccination, pain and limited range of motion solely in the right shoulder, and no other condition explaining the symptoms. On November 16, 2023, the respondent filed a Proffer on Award of Compensation, recommending an award of $52,500.00 for pain and suffering, which Petitioner agreed to.

On November 16, 2023, Chief Special Master Brian H. Corcoran issued a Decision Awarding Damages, awarding Petitioner a lump sum payment of $52,500.00 for pain and suffering.

Petitioner was represented by Laura Levenberg of Muller Brazil, LLP, and the respondent was represented by Jennifer A. Shah of the U.S.

Department of Justice.