Robert Cramer v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Robert Cramer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on October 31, 2016. The respondent, the Secretary of Health and Human Services, conceded that Mr.

Cramer was entitled to compensation. The respondent's Rule 4(c) report confirmed that Mr.

Cramer's medical course was consistent with SIRVA as defined on the Vaccine Injury Table. Specifically, the respondent agreed that Mr.

Cramer had no prior shoulder issues, his pain occurred within 48 hours after the vaccination, the pain was limited to the injection site, and no other condition explained his pain. The respondent also agreed that Mr.

Cramer suffered residual effects for more than six months and met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the court found Mr.

Cramer entitled to compensation. Subsequently, the parties filed a proffer on the award of compensation.

The respondent recommended, and Mr. Cramer agreed, that he should be awarded $130,377.76, comprising $130,000.00 for pain and suffering and $377.76 for unreimbursable out-of-pocket expenses.

The court adopted this proffer, awarding Mr. Cramer the lump sum payment.