Dianna Krueger v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Dianna Krueger filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she sustained a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccination on November 22, 2017. She stated that she received the vaccination in the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation.

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

The respondent found that her injury met the criteria set forth in the Vaccine Injury Table, noting she had no prior shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, her symptoms were limited to the affected shoulder, and no other condition explained her symptoms. Based on the respondent's concession and the evidence, the Chief Special Master found Ms.

Krueger entitled to compensation for her SIRVA. Subsequently, a decision awarding damages was issued.

The respondent had filed a proffer indicating Ms. Krueger should be awarded $120,915.12, to which Ms.

Krueger agreed. The court awarded Ms.

Krueger a lump sum payment of $120,915.12, representing compensation for all damages available under the Vaccine Act.