Frances Kraemer v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

Frances Kraemer filed a petition for compensation under the National Vaccine Injury Compensation Program on November 25, 2020. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 13, 2019.

The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's claim met the Table criteria for SIRVA and recommended compensation.

On October 12, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation. Subsequently, on October 7, 2022, Respondent filed a proffer of compensation, proposing an award of $70,072.69.

This amount was comprised of $70,000.00 for pain and suffering and $72.69 for unreimbursed expenses. Petitioner agreed with the proffered award.

Based on the record and Respondent's concession, Chief Special Master Brian H. Corcoran awarded Frances Kraemer a total of $70,072.69 in the form of a check payable to Petitioner.

This award represents compensation for all damages available under Section 15(a). The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury beyond the general classification of SIRVA.

Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Katherine Carr Esposito of the U.S. Department of Justice.