Laura McKenna v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2016)

Laura McKenna filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of her tetanus-diphtheria-acellular pertussis (Tdap) vaccination on December 17, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that petitioner's injury was consistent with SIRVA and was caused-in-fact by the Tdap vaccine.

The respondent also noted that no other causes were identified and that the injury's sequelae lasted for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Ms.

McKenna entitled to compensation. Subsequently, the parties submitted a proffer on award of compensation.

The respondent proffered that Ms. McKenna should be awarded $115,000.00, representing all elements of compensation available under the Act, and Ms.

McKenna agreed with this amount. The court awarded Ms.

McKenna a lump sum payment of $115,000.00.