Barbara Steele v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2019)

Barbara Steele filed a petition on January 12, 2016, seeking compensation under the National Vaccine Injury Compensation Program on behalf of herself. She alleged that the Tetanus-diphtheria-acellular pertussis (Tdap) and influenza (flu) vaccines she received on November 29, 2012, caused her to suffer a shoulder injury related to vaccine administration (SIRVA) in both shoulders.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 23, 2016, conceding that Ms. Steele was entitled to compensation.

The respondent agreed that the case was appropriate for compensation under the Act, that Ms. Steele's injury was consistent with SIRVA, and that she had satisfied all legal prerequisites.

Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on May 23, 2016, finding that Ms. Steele was entitled to compensation based on the respondent's concession and the evidence.

Subsequently, on November 20, 2019, the respondent filed a Proffer on Award of Compensation, to which the petitioner agreed. Special Master Christian J.

Moran reviewed the proffer and found it reasonable. On December 17, 2019, Special Master Moran issued a decision awarding Ms.

Steele a lump sum payment of $2,583,262.00. This amount was designated as compensation for lost earnings and pain and suffering, representing all damages available under 42 U.S.C. §300aa-15(a).

The decision noted that the case was originally filed as Case No. 16-67V and that judgment would be entered according to the decision and the attached proffer, unless a motion for review was filed. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury beyond its consistency with SIRVA.

Petitioner was represented by Brian Lee Burchett of the Burchett Law Firm, and respondent was represented by Alexis B. Babcock of the U.S.

Department of Justice.