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

Rebecca Kemak filed a petition for compensation under the National Vaccine Injury Compensation Program on March 24, 2016, alleging a severe adverse reaction after receiving an influenza vaccination on September 11, 2015. She claimed to have suffered a shoulder injury related to vaccine administration (SIRVA).

The case was assigned to the Special Processing Unit. Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 17, 2016, conceding that petitioner's injury was consistent with SIRVA, that it was caused-in-fact by the flu vaccination, and that no other causes were identified.

Respondent further confirmed that the statutory six-month sequela requirement was satisfied, making petitioner eligible for compensation. Based on respondent's concession and the evidence, the Chief Special Master ruled on entitlement, finding Rebecca Kemak entitled to compensation.

Subsequently, on August 5, 2016, a decision awarding damages was issued. Respondent had included a proffer of compensation in the amount of $70,000.00, which petitioner agreed to.

The court awarded Rebecca Kemak a lump sum payment of $70,000.00, representing compensation for all available damages.