Shelly A. Chmielewski v. HHS - Pneumococcal, shoulder injury related to vaccine administration (SIRVA) (2018)

Shelly A. Chmielewski filed a petition for compensation under the National Vaccine Injury Compensation Program on June 16, 2017, alleging that she received a pneumococcal conjugate vaccine on January 27, 2016, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA).

The case was assigned to the Special Processing Unit. In a Rule 4(c) report filed on June 13, 2017, the respondent conceded that Ms.

Chmielewski was entitled to compensation. The respondent stated that her injury was consistent with SIRVA, specifically a significant aggravation of a pre-existing right shoulder condition, and that the evidence established it was caused-in-fact by the vaccine.

No other causes were identified, and the statutory six-month sequela requirement was met. Based on the respondent's concession and the evidence, a ruling on entitlement was issued on June 16, 2017, finding Ms.

Chmielewski entitled to compensation. Subsequently, on September 12, 2018, the respondent filed a proffer on award of compensation, indicating that Ms.

Chmielewski should be awarded $135,000.00 and that she agreed with this amount. The Chief Special Master issued a decision awarding Ms.

Chmielewski a lump sum payment of $135,000.00 on October 31, 2018, as compensation for all available damages.