Charlotte Klenke v. HHS - Influenza, right Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Charlotte Klenke filed a petition for vaccine compensation on January 12, 2021, alleging injury from an influenza vaccine she received on October 6, 2020. She claimed to have sustained a right shoulder injury related to vaccine administration (SIRVA) within the timeframe specified by the Vaccine Injury Table and experienced residual effects for more than six months.

The respondent, the Secretary of Health and Human Services, denied that Klenke sustained a Table SIRVA within the Table timeframe and denied that the flu vaccine caused her alleged shoulder injury. Despite these positions, the parties filed a joint stipulation on July 19, 2023, agreeing to settle the case.

The court adopted the stipulation, awarding Klenke a lump sum of $55,000.00 as compensation for all damages available under the Vaccine Act. This award represents a negotiated settlement of liability and damages, and the case was resolved through this stipulation rather than a full adjudication of the merits.