Kyle Kelly v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Kyle Kelly filed a petition for compensation under the National Vaccine Injury Compensation Program on October 28, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 6, 2020. He claimed the injury resulted in residual effects lasting more than six months.
The respondent, the Secretary of Health and Human Services, denied that Mr. Kelly sustained a Table injury for SIRVA or that the flu vaccine caused his injury.
Despite these denials, the parties filed a joint stipulation on August 13, 2024, agreeing to settle the case. The court adopted the stipulation, awarding Mr.
Kelly a lump sum of $37,500.00 as compensation for all damages available under the Vaccine Act. This amount represents a compromise of the parties' positions on liability and damages.
The decision was issued on September 16, 2024.