Maureen McGrath v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2016)

Maureen McGrath filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered injuries from her Tdap vaccination on August 28, 2012. She claimed to have experienced left shoulder pain and a tendon tear, diagnosed as Shoulder Injury Related to Vaccine Administration (SIRVA).

The petition stated that her injury resulted in residual effects lasting more than six months. Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.

McGrath suffered a SIRVA injury causally related to her vaccination and that compensation was appropriate. Based on this concession, the Chief Special Master issued a ruling on entitlement.

Subsequently, the parties reached a stipulation for damages. Respondent proffered an award of $82,438.44 for pain and suffering and $2,561.56 for past unreimbursable expenses, totaling $85,000.00.

Petitioner agreed to this proffer, and the court issued a decision awarding the stipulated amount. The case was treated as a Table claim, and the award covered all damages available under the Vaccine Act.