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

Julia Kauterman filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 31, 2020. She stated the vaccine was received in the United States, her symptoms persisted for more than six months, and she had not received prior compensation for this injury.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Kauterman's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table.

The respondent agreed that she had no prior shoulder issues, her pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also confirmed her symptoms persisted for over six months and she met all legal prerequisites for compensation.

Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Ms. Kauterman entitled to compensation.

Subsequently, the respondent filed a proffer on the award of compensation, proposing an award of $52,860.00, which included $52,500.00 for pain and suffering and $360.00 for past unreimbursable expenses. Ms.

Kauterman agreed with this proffered award. The Chief Special Master issued a decision awarding Ms.

Kauterman the lump sum payment of $52,860.00.