Kimberly Benz v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Kimberly Benz filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving an influenza vaccine on October 2, 2020. The respondent conceded that Ms.

Benz is entitled to compensation, agreeing that her injury satisfied the criteria set forth in the Vaccine Injury Table for SIRVA. The respondent confirmed that Ms.

Benz had no prior history of shoulder issues, that her pain onset was within 48 hours of vaccination, that her symptoms were limited to the vaccinated shoulder, and that no other condition explained her symptoms. The case proceeded as a Table injury claim, and entitlement was granted on May 26, 2023.

As the parties could not resolve damages informally, a hearing was held on October 6, 2023. Ms.

Benz sought $130,000 for pain and suffering, while the respondent recommended $85,000. The parties agreed on $527.72 for unreimbursed expenses.

The Chief Special Master awarded Ms. Benz a total of $128,527.72, comprising $128,000.00 for pain and suffering and $527.72 for unreimbursed expenses.