Ann E. Kleva v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Ann E. Kleva filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) due to an influenza vaccine administered on September 28, 2011.

The respondent conceded that petitioner is entitled to compensation, agreeing that she suffered SIRVA as defined by the Vaccine Injury Table and had satisfied all legal prerequisites. A ruling on entitlement was issued on March 8, 2018, finding her entitled to compensation.

Subsequently, on June 14, 2018, the respondent filed a proffer indicating that petitioner should be awarded $187,700.00, consisting of $187,500.00 for pain and suffering and $200.00 for past unreimbursable expenses. Petitioner agreed with this proffered award.

The Chief Special Master issued a decision awarding damages on September 20, 2018, granting the lump sum payment of $187,700.00 to Ann E. Kleva.