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

Christina Garber filed a petition on February 1, 2016, alleging that she received a Tetanus, diphtheria, and acellular pertussis (Tdap) vaccine on February 19, 2015, and subsequently suffered a shoulder injury caused by the vaccination. The case was assigned to the Special Processing Unit.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 6, 2016, conceding that Ms. Garber's injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that it was compensable under the National Vaccine Injury Compensation Program.

Based on this concession, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on May 9, 2016, finding Ms. Garber entitled to compensation.

Subsequently, on July 5, 2016, the parties submitted a joint proffer on the award of compensation. The respondent proffered that Ms.

Garber should be awarded $75,657.82, representing all elements of compensation available under the Vaccine Act. Ms.

Garber agreed with this proffered award. On July 6, 2016, Chief Special Master Dorsey issued a decision awarding Ms.

Garber a lump sum payment of $75,657.82, payable by check to Ms. Garber.

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