Leslie Kraus v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Leslie Kraus filed a petition for compensation under the National Vaccine Injury Compensation Program on December 21, 2017, alleging a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 26, 2016. Ms.

Kraus, a 54-year-old disability claims adjuster, received the flu vaccine in her right deltoid. She alleged that within two days of the vaccination, she developed pain in her right shoulder.

The respondent initially contested entitlement, arguing that the record did not sufficiently establish that the onset of pain occurred within 48 hours of vaccination, a requirement for a Table SIRVA claim. The public decision does not describe the specific symptoms or clinical findings beyond shoulder pain and limited range of motion, nor does it name any medical experts.

Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 2, 2021, finding that Ms.

Kraus met the criteria for a Table SIRVA. The Special Master determined that the evidence, including medical records and affidavits, preponderantly supported an onset of pain within 48 hours of vaccination.

The ruling noted that Ms. Kraus had no prior history of right shoulder issues that would explain the symptoms, that her pain and limited range of motion were confined to the vaccinated shoulder, and that no other condition explained her symptoms.

Following the entitlement ruling, a decision on damages was issued on March 3, 2022. Based on a proffer agreed to by both parties, Ms.

Kraus was awarded a total of $61,042.98. This award consisted of $60,000.00 for pain and suffering and $1,042.98 for past unreimbursable expenses.

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Jennifer Leigh Reynaud of the U.S.

Department of Justice.