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

Carolyn Kimmick 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) after receiving an influenza vaccine on November 14, 2020. She stated that she received the vaccine in the United States and continues to suffer residual effects from the injury, which is a defined Table injury.

She also affirmed that neither she nor any other party had filed a civil case or received compensation for this injury. The respondent, the Secretary of Health and Human Services, filed a combined Rule 4(c) Report and Proffer conceding that Petitioner is entitled to compensation.

The respondent believed that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, the Chief Special Master found Petitioner entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent's Rule 4(c) Report and Proffer indicated that Petitioner should be awarded $55,378.07, comprising $55,000.00 for pain and suffering and $378.07 for past unreimbursable expenses.

Petitioner agreed with this proffered award. The court awarded Petitioner a lump sum payment of $55,378.07 for all damages available under Section 15(a) of the Act.