Terry Klausen v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Terry Klausen filed a petition alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on January 7, 2019. Mr.

Klausen died on December 1, 2021, from causes unrelated to the vaccination, and his wife, Carolyn Klausen, was substituted as the petitioner. The case proceeded as a Table injury claim for SIRVA, which requires onset within 48 hours of vaccination.

The court previously found that Mr. Klausen's shoulder pain began within 48 hours of vaccination.

The respondent argued that entitlement should be denied, questioning the situs of the vaccination and the onset timeframe. However, the court found sufficient evidence that the vaccine was administered in the right shoulder and that the onset of pain was within 48 hours, thus granting entitlement.

For damages, the petitioner sought $95,000 for pain and suffering, while the respondent proposed $60,000. Considering the severity and duration of the injury, the petitioner's delay in seeking treatment, and comparing the case to prior SIRVA awards, the court awarded $60,000 for pain and suffering.