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

Kimberleigh Peet filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination she received on November 2, 2018. She further alleged that her shoulder injury persisted longer than six months and that she had not received any prior compensation.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer on Damages conceding that Petitioner was entitled to compensation. The respondent stated that Petitioner had no prior history of shoulder issues, that her pain and reduced range of motion were limited to the shoulder where the vaccine was administered, and that the onset of symptoms occurred within forty-eight hours of vaccination.

The respondent also confirmed there was no other condition that would explain her symptoms. Based on the respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation.

The decision awarding damages, issued the following day, granted Petitioner a lump sum payment of $63,638.83, which included $62,500.00 for pain and suffering and $1,138.83 for actual unreimbursed expenses. The case proceeded as a Table claim for SIRVA.