Jeremy Nagelberg v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Jeremy Nagelberg filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on December 24, 2021. The respondent conceded that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner had satisfied all legal prerequisites for compensation.

A ruling on entitlement was issued on January 22, 2024, finding Petitioner entitled to compensation. Subsequently, on March 19, 2024, the respondent filed a proffer on award of compensation, which Petitioner agreed to.

The decision on damages, issued on April 22, 2024, awarded Jeremy Nagelberg a lump sum payment of $88,524.97. This amount included $80,000.00 for pain and suffering and $8,524.97 for past unreimbursable expenses, representing all elements of compensation available under the Vaccine Act.