Tammy Kramer v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

Tammy Kramer filed a petition on September 25, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 16, 2017.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 15, 2021, conceding that Ms. Kramer met the criteria for a presumed SIRVA as defined by the Vaccine Injury Table.

The respondent determined that Ms. Kramer had no prior history of pain, inflammation, or dysfunction in her left shoulder, that her pain occurred within 48 hours of the vaccination, that the pain and reduced range of motion were limited to the vaccinated shoulder, and that no other condition explained her symptoms.

The respondent also concluded that the statutory six-month sequela requirement was satisfied and that Ms. Kramer had met all legal prerequisites for compensation.

On March 30, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms.

Kramer entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on April 29, 2022, the respondent filed a proffer on the award of compensation.

The proffer proposed an award of $131,295.38, consisting of $125,000.00 for pain and suffering and $6,295.38 for past unreimbursable expenses. The proffer stated that Ms.

Kramer agreed with this proposed award. On June 16, 2022, Chief Special Master Corcoran issued a decision awarding the proffered amount.

The award was a lump sum payment of $131,295.38, payable by check to Ms. Kramer, representing compensation for all damages available under Section 15(a) of the Vaccine Act.

Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Emilie Williams of the U.S.

Department of Justice.