Kimberly Schauffler v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Filed 2021-01-04Decided 2024-09-16Vaccine Influenza
compensated$37,000

Case summary [AI summaries can sometimes make mistakes]

Kimberly Schauffler filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) caused by an influenza vaccine administered on October 28, 2019. She reported left shoulder pain beginning shortly after the vaccination, which she linked to the shot.

Medical records documented limited mobility and range of motion in her left shoulder, and she attended physical therapy. The respondent initially argued that Petitioner failed to satisfy the severity requirement for compensation.

However, the Chief Special Master found that Petitioner met the Table definition for SIRVA, including no prior history of shoulder problems, onset of pain within 48 hours of vaccination, pain limited to the affected shoulder, and no other explanatory condition. The ruling on entitlement was issued on April 25, 2024.

Subsequently, on September 16, 2024, a decision awarding damages was issued. The parties stipulated to an award of $37,000.00 for all elements of compensation, which Kimberly Schauffler, as a competent adult, received as a lump sum payment.

Source PDFs 3 total · 2 downloaded