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

Shari Kaui filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 29, 2019. The petition was filed on January 7, 2021.

Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement to compensation. The Secretary stated that Ms.

Kaui suffered a Table injury of a left-sided SIRVA, no other causes were identified, and she met the statutory requirement of experiencing six months of residual effects. Based on the concession and the evidence, the Chief Special Master found Ms.

Kaui entitled to compensation. Subsequently, a decision on damages was issued.

The parties agreed to a proffer on award of compensation. The Court awarded Ms.

Kaui a lump sum payment of $87,500.00 for pain and suffering, representing compensation for all damages available under Section 15(a) of the Vaccine Act.