Dorothy Handel v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2016)

Dorothy Handel filed a petition on October 2, 2015, seeking compensation under the National Childhood Vaccine Injury Act. She alleged that a Tdap vaccination administered on June 13, 2014, caused her to suffer a shoulder injury related to vaccine administration (SIRVA).

The respondent, the Secretary of Health and Human Services, reviewed the case and, in a report filed March 8, 2016, conceded that compensation was appropriate. The respondent stated that the Division of Vaccine Injury Compensation had reviewed the facts and concluded that the alleged injury, which lasted for more than six months, was consistent with SIRVA, thus entitling the petitioner to compensation under the Act.

Based on this concession, Special Master Christian J. Moran issued an Unpublished Ruling Finding Entitlement to Compensation on March 9, 2016, determining that Ms.

Handel was entitled to compensation. A status conference was scheduled to discuss the quantification of damages.

Subsequently, on June 2, 2016, the respondent filed a Proffer on Award of Compensation, which the petitioner agreed to. On June 7, 2016, Special Master Christian J.

Moran issued an Unpublished Decision Awarding Damages. The Special Master found the proffer reasonable and awarded Dorothy Handel a lump sum payment of $75,000.00, payable to her, as compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The decision noted that petitioner is a competent adult and evidence of guardianship was not required. The case was litigated by Edward M.

Kraus for the petitioner and Michael P. Milmoe for the respondent.

The public decision does not describe the specific onset, symptoms, medical tests, treatments, or the mechanism of injury beyond its classification as SIRVA. The public decision also does not name any medical experts.