Carol Kempkes v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

Carol Kempkes filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination she received on February 5, 2018. The case was assigned to the Special Processing Unit of the Office of Special Masters.

Respondent initially moved to dismiss, arguing that while Petitioner likely suffered a SIRVA, she had not provided sufficient evidence that the injury's residual effects lasted for at least six months. Petitioner responded with additional evidence, including affidavits from herself, a co-worker, a friend, and her daughter, to support the severity requirement.

After reviewing the evidence, the Chief Special Master found that Petitioner had more likely than not suffered the residual effects of her injury for more than six months and had satisfied the other requirements of a Table SIRVA claim, thus finding her entitled to compensation. A separate damages decision was issued on June 3, 2024.

Respondent filed a proffer on award of compensation, recommending an award of $105,939.16, comprised of $105,000.00 for pain and suffering and $939.16 for past unreimbursable expenses. Petitioner agreed with this proffered award.

The Chief Special Master awarded Petitioner the lump sum of $105,939.16.