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

Kimberly Cates 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) resulting from an influenza vaccine she received on November 2, 2018. She alleged that her symptoms continued for more than six months.

The respondent conceded that Petitioner is entitled to compensation, agreeing that her injury was consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent noted that Petitioner had no prior shoulder issues, her pain occurred within 48 hours of vaccination, was limited to the injection shoulder, and no other condition explained the pain.

The ruling on entitlement was issued on February 28, 2024, finding Petitioner entitled to compensation. Subsequently, on November 13, 2024, the respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $106,079.00, which included $105,000.00 for pain and suffering and $1,079.00 for past unreimbursed expenses.

Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding Petitioner the lump sum of $106,079.00.