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

Gayle Kirschenbaum filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on September 28, 2022. The respondent conceded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior history of shoulder issues, the pain occurred within 48 hours of vaccination, and the pain and reduced range of motion were limited to the affected shoulder.

The respondent also confirmed that her condition persisted for more than six months. Based on the respondent's concession and the evidence, the court found Gayle Kirschenbaum entitled to compensation.

Subsequently, the parties stipulated to an award of $70,000.00 for pain and suffering and $300.00 for past unreimbursable expenses, totaling $70,300.00. This lump sum payment was awarded to Gayle Kirschenbaum, an adult, through her counsel.