Eunice Kim v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Eunice Kim filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a Table injury, specifically a shoulder injury related to vaccine administration (SIRVA), as a result of receiving an influenza vaccination on December 22, 2020. She alleged that she suffered residual effects of her injury for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that compensation was appropriate, finding that her injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent noted that she had no prior history of shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site shoulder, and no other condition explained the pain.

The respondent also agreed that she suffered residual effects for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement finding Ms.

Kim entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $61,393.41, which included $60,000.00 for pain and suffering and $1,393.41 for past unreimbursable expenses.

Ms. Kim agreed with this proffered award.

The Chief Special Master issued a decision awarding Ms. Kim a lump sum payment of $61,393.41.