Diane Kudalis v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

Diane Kudalis filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 28, 2020. She stated that this was a defined Table injury lasting more than six months.

The respondent, the Secretary of Health and Human Services, conceded that Petitioner's claim met the Table criteria for SIRVA in his Rule 4(c) report. Following this concession, a ruling on entitlement was issued on January 9, 2024, finding Petitioner entitled to compensation.

Subsequently, on January 30, 2024, the parties submitted a proffer on award of compensation. The respondent proffered that Petitioner should be awarded $70,000.00 for pain and suffering and $908.69 for past out-of-pocket expenses, totaling $70,908.69.

Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding Petitioner a lump sum payment of $70,908.69, representing compensation for pain and suffering and actual unreimbursable expenses.