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

Allene Larson filed a petition for compensation under the National Vaccine Injury Compensation Program on February 12, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tetanus, diphtheria, and acellular pertussis (Tdap) vaccination on August 15, 2014. The case was assigned to the Special Processing Unit.

Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 22, 2016, conceding that petitioner's alleged injury was consistent with SIRVA and was caused-in-fact by the Tdap vaccination. Respondent also agreed that no other cause for the SIRVA was identified, that the statutory six-month sequela requirement was satisfied, and that petitioner met all legal prerequisites for compensation.

Based on respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 23, 2016, finding Ms. Larson entitled to compensation.

Subsequently, on August 15, 2016, respondent filed a proffer recommending an award of $95,884.50, stating that petitioner agreed with this amount. Petitioner was represented by John Robert Howie, Jr. of Howie Law, P.C., and respondent was represented by Lara Ann Englund of the U.S.

Department of Justice. On October 31, 2016, Chief Special Master Dorsey issued a decision awarding Ms.

Larson a lump sum payment of $95,884.50, representing compensation for all damages available under the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

The award was made as a check payable to Allene Larson.