Cheryl Kraemer v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

Cheryl Kraemer filed a petition for compensation under the National Vaccine Injury Compensation Program on October 23, 2018. She alleged that an influenza vaccine administered on October 27, 2016, caused her to suffer a shoulder injury related to vaccine administration (SIRVA).

The respondent denied that Ms. Kraemer sustained a SIRVA Table injury or that her alleged shoulder injury and its residual effects were caused-in-fact by the flu vaccine.

The respondent further denied that the flu vaccine caused Ms. Kraemer any other injury or her current condition.

Despite these denials, the parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H.

Corcoran reviewed the stipulation and adopted it as his decision. Ms.

Kraemer was awarded $52,418.01, consisting of $50,000.00 for pain and suffering and $2,418.01 in past unreimbursed expenses. This award represents compensation for all items of damages available under the Vaccine Act.

The decision was entered based on the joint stipulation, and judgment was to be entered accordingly. Gary Alan Krochmal represented the petitioner, and Gabrielle Manganiello Fielding represented the respondent.

The decision was issued on April 17, 2020.