Judith Bohnenkamp v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2019)

Judith Bohnenkamp filed a petition for compensation under the National Vaccine Injury Compensation Program on May 18, 2018. She alleged that an influenza vaccine administered on November 23, 2015, caused her to suffer a left shoulder injury related to vaccine administration (SIRVA).

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 13, 2019, conceding that Ms. Bohnenkamp was entitled to compensation.

The respondent specifically stated that medical personnel concluded Ms. Bohnenkamp suffered a Table injury of SIRVA and that compensation was appropriate as she had satisfied all legal prerequisites for compensation under the Act.

Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on March 14, 2019, finding Ms. Bohnenkamp entitled to compensation.

Subsequently, on June 27, 2019, the respondent filed a proffer on the award of compensation. The proffer indicated that Ms.

Bohnenkamp should be awarded $117,698.61, consisting of $115,000.00 for pain and suffering and $2,698.61 for past unreimbursed expenses. The proffer stated that Ms.

Bohnenkamp agreed with this award. Chief Special Master Dorsey issued a Decision Awarding Damages on September 11, 2019, awarding Ms.

Bohnenkamp a lump sum payment of $117,698.61, payable by check to Judith Bohnenkamp. This amount was stated to represent compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The attorneys for the petitioner were Brenton Aaron Elswick of Maglio Christopher & Toale, PA, and the attorney for the respondent was Ann Mayhew Golski of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical examinations, or treatments received by Ms. Bohnenkamp.