Jennifer Kistler v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Jennifer Kistler filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 7, 2022. The petition stated that the vaccine was administered in the United States, her SIRVA symptoms persisted for more than six months, and no prior action or compensation had been sought for this injury.

Respondent denied that Ms. Kistler sustained a Table SIRVA injury, denied that the vaccine caused her injury, and denied that her condition was a sequela of a vaccine-related injury.

Despite these positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Ms.

Kistler a lump sum of $20,000.00 for all items of damages available under the Vaccine Act. This amount is to be paid through an ACH deposit to her counsel's IOLTA account for prompt disbursement.

The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs. The stipulation was construed as a full and complete negotiated settlement of liability and damages, releasing the United States and the Secretary of Health and Human Services from further claims related to this vaccination.