Kalli Kline v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)

Kalli Kline filed a petition for compensation under the National Vaccine Injury Compensation Program on October 23, 2015, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccine she received on October 13, 2014. The case was assigned to the Special Processing Unit.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer on Damages on February 16, 2016, conceding that petitioner is entitled to compensation. The respondent agreed that petitioner's alleged injury was consistent with SIRVA, that it was caused in fact by the flu vaccine administered on October 13, 2014, and that no other causes for the SIRVA were identified.

The respondent also confirmed that the statutory six-month sequela requirement was satisfied and that petitioner met all legal prerequisites for compensation under the Act. Based on the evidence of record, the respondent proffered an award of $85,000.00, representing all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a), and stated that petitioner agreed with this proffered award.

Chief Special Master Nora Beth Dorsey found that petitioner was entitled to compensation and awarded the stipulated lump sum of $85,000.00, payable to Kalli Kline. The decision noted that if the petitioner died prior to the entry of judgment, the parties reserved the right to move the Court for appropriate relief, with the respondent opposing any award for future medical expenses, future pain and suffering, and future lost wages.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. Petitioner was represented by Andrew Downing of Van Cott & Talamante, PLLC, and respondent was represented by Lisa Watts of the U.S.

Department of Justice.