Cheryl Maxheimer v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Cheryl Maxheimer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 13, 2019. She stated the vaccine was administered in the United States, her condition resulted in residual effects for more than six months, and no prior compensation had been awarded for her injury.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Maxheimer was entitled to compensation.

The respondent concluded that her injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that she had met all legal requirements for compensation. Based on the respondent's concession and the evidence, the Chief Special Master found Ms.

Maxheimer entitled to compensation. Subsequently, a decision awarding damages was issued.

The respondent had proffered an award of $25,639.76, comprising $25,000.00 for pain and suffering and $639.76 for unreimbursable expenses, to which Ms. Maxheimer agreed.

The court awarded Ms. Maxheimer the stipulated lump sum of $25,639.76, representing compensation for all available damages.