Marla Kramer v. HHS - Influenza, right shoulder injuries and neuralgia of the right upper extremity (2018)

Marla Kramer filed a petition for compensation under the National Vaccine Injury Compensation Program on February 28, 2017, alleging that she suffered right shoulder injuries and neuralgia of the right upper extremity caused by influenza and Hepatitis A vaccinations she received on February 2, 2016. The petition stated that the vaccinations were administered in the United States, that the residual effects of her injuries lasted for more than six months, and that no action had been filed or compensation received for these injuries by any party.

The case was assigned to the Special Processing Unit. On October 27, 2017, the respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that petitioner was entitled to compensation.

The respondent believed that petitioner's alleged injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused-in-fact by the Hepatitis A vaccine. The respondent also agreed that petitioner had satisfied all legal prerequisites for compensation.

Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on October 27, 2017, finding petitioner entitled to compensation. Subsequently, on December 15, 2017, the respondent filed a proffer on award of compensation, recommending an award of $97,108.38, stating that the petitioner agreed with this amount.

The proffer indicated that this sum represented all elements of compensation available under 42 U.S.C. § 300aa-15(a). Chief Special Master Dorsey issued a Decision Awarding Damages on March 16, 2018, awarding Marla Kramer a lump sum payment of $97,108.38, payable by check to petitioner.

Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Mallori Browne Openchowski of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury beyond the general category of SIRVA.