Charlene Rismann v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Charlene Rismann filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on November 14, 2022. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.

Rismann is entitled to compensation. The respondent's medical personnel reviewed the petition and medical records and concluded that the injury was consistent with SIRVA, noting that Ms.

Rismann had no prior history of shoulder issues, the pain occurred within 48 hours of vaccination, and the pain and reduced range of motion were limited to the injection site. The respondent also confirmed that the residual effects of the condition lasted for more than six months.

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

Subsequently, the respondent filed a proffer on the award of compensation, recommending $55,000.00 for pain and suffering, which Ms. Rismann agreed to.

The Chief Special Master issued a decision awarding Ms. Rismann a lump sum payment of $55,000.00 for pain and suffering.