Kelly Jo Gutknecht v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Kelly Jo Gutknecht filed a petition for compensation under the National Vaccine Injury Compensation Program on May 25, 2023, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 4, 2021. This was alleged to be a Table injury.

Respondent conceded entitlement to compensation, stating that Ms. Gutknecht met the criteria for a presumed SIRVA, including no prior history of shoulder issues, pain within 48 hours of vaccination, pain limited to the injection site shoulder, and no other identified condition explaining her symptoms.

The statutory six-month sequela requirement was also met. A ruling on entitlement was issued on April 29, 2024, finding her entitled to compensation.

Subsequently, on August 13, 2024, Respondent filed a proffer on award of compensation, which Petitioner agreed to. The court awarded a total of $93,644.13, comprising $90,000.00 for pain and suffering, $3,431.13 for past unreimbursable expenses, and $213.00 for past lost wages, as a lump sum payment to Petitioner.