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

Kimberly Cole 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 an influenza vaccination received on December 8, 2022. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation.

Consequently, a Ruling on Entitlement was issued on August 27, 2024, finding Petitioner entitled to compensation. Subsequently, on September 25, 2024, the Respondent filed a Proffer on award of compensation, which Petitioner agreed with.

Based on this proffer, the Chief Special Master awarded Kimberly Cole a total of $55,160.51. This amount included $55,000.00 for pain and suffering and $160.51 for past unreimbursable medical expenses.

The award was to be paid as a lump sum in the form of a check payable to Petitioner.