Kimberly Albers-Fehr v. HHS - Influenza, shoulder injury related to vaccine administration (2017)

Kimberly Albers-Fehr filed a petition for compensation under the National Vaccine Injury Compensation Program on September 20, 2016. She alleged that she suffered right shoulder injuries resulting from an influenza vaccination received on October 11, 2015.

The petition stated that the vaccination occurred in the United States, that the residual effects of the injury lasted more than six months, and that no other action or compensation had been sought for the vaccine-caused injury. The case was assigned to the Special Processing Unit.

On December 22, 2016, the respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner was entitled to compensation. The respondent concluded that the petitioner suffered a non-Table injury of Shoulder Injury Related to Vaccine Administration (SIRVA) and that the medical evidence indicated the injury was causally related to the flu vaccination.

Based on this concession and the evidence, Chief Special Master Nora Beth Dorsey ruled that the petitioner was entitled to compensation. Subsequently, on April 5, 2017, the respondent filed a proffer on the award of compensation.

The proffer indicated that the petitioner should be awarded $80,000.00, and the petitioner agreed with this amount. The proffer stated that this sum represented all elements of compensation available under 42 U.S.C. § 300aa-15(a).

In a decision dated December 6, 2017, Chief Special Master Dorsey awarded Kimberly Albers-Fehr a lump sum payment of $80,000.00, payable by check to her. This award was based on the stipulation and proffer agreed upon by both parties.

Petitioner was represented by Paul Brazil of Muller Brazil, LLP, and respondent was represented by Douglas Ross of the U.S. Department of Justice.