Jeff Kleinschmidt v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Jeff Kleinschmidt filed a petition for compensation under the National Vaccine Injury Compensation Program on December 5, 2023, alleging a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 11, 2018. The case was assigned to the Special Processing Unit.

Respondent initially argued that Petitioner failed to provide sufficient evidence for a Table SIRVA injury, specifically regarding pain onset within 48 hours and the location of symptoms being limited to the vaccinated arm. Petitioner provided evidence, including his vaccine record indicating the injection was in his left arm ("LA") and consistent histories linking his shoulder pain to the vaccine.

The Special Master, Brian H. Corcoran, found that Petitioner's pain onset occurred within 48 hours of vaccination, noting that a delay in seeking treatment is common for SIRVA injuries and does not preclude entitlement.

The Special Master also found that the vaccine was administered in the left arm, satisfying the location criterion. Respondent appeared to abandon the argument regarding the site of vaccination in later filings.

The Special Master determined that Petitioner met all criteria for a Table SIRVA injury, thus presuming causation. For compensation, Petitioner sought $80,000.00 for pain and suffering and $5,349.33 for out-of-pocket expenses.

Respondent proposed $35,000.00 for pain and suffering. The Special Master awarded Jeff Kleinschmidt $55,000.00 for past pain and suffering, comparing the case to similar SIRVA cases with comparable symptom severity and duration, and $5,349.34 for past unreimbursed expenses, including travel costs calculated at the IRS business mileage rate.

The total award was $60,349.34, to be paid as a lump sum check.