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

Derek Kell filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a shoulder injury related to vaccine administration (SIRVA) following receipt of an influenza vaccine on October 1, 2020. The respondent conceded that the injury was consistent with SIRVA as defined on the Vaccine Injury Table and that Mr.

Kell satisfied all legal requirements for compensation. A ruling on entitlement was issued on July 21, 2023, finding Mr.

Kell entitled to compensation. Subsequently, on November 3, 2023, the respondent filed a proffer on award of compensation, which Mr.

Kell agreed to. The decision on damages was issued on December 5, 2023.

Mr. Kell was awarded a lump sum payment of $80,998.23, which included $80,000.00 for pain and suffering and $998.23 for past unreimbursable expenses.

This amount represents compensation for all damages available under the Vaccine Act.