Lisa Kaiser v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Lisa Kaiser 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 her November 3, 2016 influenza vaccination. The petition stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that there had been no prior award or settlement.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer of Compensation, conceding that Kaiser's claim met the Table criteria for SIRVA. The respondent specifically noted that Kaiser had no prior history of shoulder issues, that her pain and reduced range of motion were limited to the injection site, and that the onset of symptoms occurred within forty-eight hours of vaccination.

Based on the respondent's concession and the evidence of record, the Chief Special Master found Kaiser entitled to compensation. A subsequent decision awarded Kaiser a total of $116,085.52, which included $110,000.00 for pain and suffering, $4,085.52 for past unreimbursed expenses, and $2,000.00 for lost earnings.

The respondent represented that Kaiser agreed with this proffered award, and the court directed that judgment be entered accordingly.