Martha Klug v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)

Martha Klug filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 13, 2018. She stated that the injury met the definition of a Table SIRVA and that she experienced residual effects for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Klug was entitled to compensation, agreeing that she suffered a Table SIRVA and had satisfied all legal prerequisites.

Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Ms. Klug entitled to compensation.

Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $42,968.57, which included $42,500.00 for pain and suffering and $468.57 for past unreimbursable expenses. Ms.

Klug agreed with this proffered award. The court accepted the proffer and awarded Ms.

Klug the lump sum of $42,968.57.