Barbara J. Smith v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Barbara J. Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on November 16, 2015, alleging a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on October 10, 2014.
The respondent conceded entitlement, stating that the petitioner's injury was consistent with SIRVA and caused by the Tdap vaccine, with no other identified causes. The respondent also confirmed that the petitioner had suffered sequelae for more than six months, meeting all legal prerequisites for compensation.
A ruling on entitlement was issued on April 25, 2016, finding the petitioner entitled to compensation. Subsequently, on April 27, 2016, the respondent filed a proffer recommending an award of $85,000.00, which the petitioner agreed to.
The decision awarding damages, dated May 31, 2016, granted the petitioner a lump sum payment of $85,000.00 for all available damages.
Source PDFs
USCOURTS-cofc-1_15-vv-01379