Kevin Noel v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Kevin Noel filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on September 29, 2020. He further alleged that the residual effects or complications of his injury lasted for more than six months after vaccination.

The respondent conceded that Mr. Noel is entitled to compensation, stating that his condition met the criteria for SIRVA on the Vaccine Injury Table.

Specifically, he had no prior shoulder issues, the pain occurred within 48 hours after the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also confirmed that the case was timely filed, the vaccine was administered in the United States, and the statutory severity requirement was met.

Based on the respondent's concession and the evidence, the court found Mr. Noel entitled to compensation.

Subsequently, the parties reached a stipulation for damages. The court awarded Kevin Noel a lump sum of $55,000.00 for pain and suffering.