Sara Miller v. HHS - Tdap, left shoulder injury (2016)

Sara Miller filed a petition for compensation under the National Vaccine Injury Compensation Program on September 9, 2015, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on October 29, 2014. The respondent, the Secretary of Health and Human Services, filed a report on January 28, 2016, conceding entitlement to compensation.

The respondent concluded that the petitioner's injury was consistent with SIRVA and was caused-in-fact by the Tdap vaccine. The respondent also noted that the petitioner underwent surgery and experienced sequelae for more than six months, and no other causes for the SIRVA were identified.

Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on January 28, 2016, finding Ms. Miller entitled to compensation.

Subsequently, on February 2, 2016, the parties submitted a proffer on the award of compensation. The respondent proffered an award of $105,281.03, representing all elements of compensation under 42 U.S.C. § 300aa-15(a), and the petitioner agreed to this amount.

Chief Special Master Dorsey issued a decision on February 2, 2016, awarding Ms. Miller a lump sum payment of $105,281.03, payable by check to Sara Miller.

Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Darryl Wishard of the U.S. Department of Justice.

The decision was issued by Chief Special Master Nora Beth Dorsey.