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

Shari Baelfyr filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 1, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer conceding that Ms.

Baelfyr is entitled to compensation. The respondent concluded that her claim met the Table criteria for SIRVA and that she satisfied the statutory requirements for timely filing, receiving the vaccine in the United States, and suffering residual effects for more than six months.

Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Baelfyr entitled to compensation.

Subsequently, a damages decision was issued based on a proffer. The respondent had indicated that Ms.

Baelfyr should be awarded $45,063.73, an amount with which Ms. Baelfyr agreed.

The court awarded a lump sum payment of $45,063.73, which included $45,000.00 for pain and suffering and $63.73 for unreimbursed expenses, representing compensation for all damages available under the program.