David Kiss v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2025)

David Kiss 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 administered on September 27, 2021. He stated the vaccine was given in the United States, the injury caused residual effects for more than six months, and there had been no prior award or settlement for this condition.

The respondent, the Secretary of Health and Human Services, denied that Mr. Kiss sustained a SIRVA, denied that the vaccine caused his injury, and denied that his condition was a sequela of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation agreeing that the case should be settled and compensation awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as his decision.

Mr. Kiss was awarded a lump sum of $23,500.00, representing compensation for all damages available under the program.

This amount is to be paid through an ACH deposit to his counsel for prompt disbursement. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs.

The stipulation was not an admission by the United States that the vaccine caused the injury, but rather a negotiated settlement of liability and damages.