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

Jean Kraemer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received an influenza vaccine on October 9, 2018, and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA). The petition stated that the vaccine was administered in the United States, that her injury caused residual effects for more than six months, and that she had not received any prior award or settlement for this injury.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Kraemer was entitled to compensation, agreeing that her claim met the Table criteria for SIRVA.

Based on the respondent's concession and the evidence of record, the Chief Special Master found Ms. Kraemer entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent's proffer, which Ms.

Kraemer agreed to, recommended an award of $55,000.00 for pain and suffering and $750.46 to satisfy a Medicaid lien. The court awarded these amounts, totaling $55,750.46, as compensation for all damages available under the program.