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

Kelly Wyble filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving a seasonal influenza vaccine in her left shoulder on October 3, 2020. She further alleged that her injuries lasted for more than six months.

The respondent conceded that the evidence satisfied the requirements for a Table claim for SIRVA following the flu vaccination. The respondent did not identify any other causes for her injury and agreed that she suffered the sequelae of this injury for more than the required six months.

The Chief Special Master issued a ruling on entitlement finding Petitioner entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded a total of $109,745.94, consisting of $107,500.00 in pain and suffering and $2,245.94 in past unreimbursable expenses.

Petitioner agreed with the proffered award. The Chief Special Master awarded Petitioner the lump sum of $109,745.94.