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

Cheryl Kowal filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that her January 22, 2016 pneumococcal conjugate vaccination caused her to suffer an on-Table shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, conceded that Ms.

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

Kowal met the criteria for a presumed SIRVA, noting she had no prior shoulder issues, her pain occurred within 48 hours of vaccination, and the pain and reduced range of motion were limited to the injection site. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement.

Subsequently, the parties filed a proffer on award of compensation, agreeing that Ms. Kowal should receive a lump sum payment of $50,000.00.

This amount represents compensation for all damages available under the Vaccine Act. The court issued a decision awarding damages based on this proffer, directing the clerk to enter judgment accordingly.