Carmen Kienow v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Carmen Kienow filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccination on September 26, 2019. She further alleged that the injury resulted in residual effects lasting more than six months.
The respondent initially argued that the petitioner had failed to demonstrate a SIRVA. However, after a fact ruling confirmed the vaccination site and onset within 48 hours, the respondent elected not to further defend entitlement.
The court subsequently issued a Ruling on Entitlement, finding Carmen Kienow entitled to compensation. Following this, the respondent filed a Proffer on award of compensation, which the petitioner agreed to.
The court awarded Carmen Kienow a total of $63,081.69, comprising $62,500.00 for pain and suffering, $290.69 for past unreimbursable expenses, and $1,512.23 to satisfy a State of Arizona Medicaid lien. This award represents compensation for all damages available under the Vaccine Act.