Donna Knasel v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Donna Knasel 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 8, 2019. The respondent conceded that Ms.

Knasel was entitled to compensation, recognizing her injury as a presumed SIRVA, which is a defined Table injury. A ruling on entitlement was issued in January 2022.

The parties were unable to resolve damages informally, leading to a decision awarding damages. Ms.

Knasel sought $130,000.00 for pain and suffering and $1,960.33 for unreimbursed expenses. The respondent argued for a lower pain and suffering award of $105,000.00.

The court found that Ms. Knasel suffered a moderate SIRVA injury for approximately seven months, requiring arthroscopic surgery, two cortisone injections, and extensive physical therapy.

She reported mild to moderate pain levels throughout her injury course. The court awarded $112,500.00 for pain and suffering, referencing a comparable case, Issertell.

Regarding expenses, the court found Ms. Knasel was entitled to the full $1,960.33 sought for past unreimbursed expenses, rejecting the respondent's argument that expenses paid from a Health Savings Account were not eligible for reimbursement.

Ultimately, the court awarded a lump sum of $114,460.33 to Ms. Knasel.