Merry Moore v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Merry Moore filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccination on August 9, 2012, caused her to suffer a shoulder injury. The case was assigned to the Special Processing Unit.
The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, determining that Ms. Moore suffered a shoulder injury related to vaccine administration (SIRVA) in her right shoulder, caused by the Tdap vaccine.
The respondent also confirmed that the injury was not due to unrelated factors and that the statutory sequela requirement was met. Based on this concession and the evidence, the Chief Special Master issued a ruling on entitlement.
Subsequently, the parties filed a proffer on award of compensation, with the respondent recommending an award of $115,000.00, which Ms. Moore agreed to.
The court awarded Ms. Moore a lump sum payment of $115,000.00.
Additionally, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $14,112.47, which was also granted by the court. This total award of $115,000.00 represents compensation for all damages available under the Vaccine Act.