Gretchen Kokotovich v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2017)

Gretchen Kokotovich filed a petition for compensation under the National Vaccine Injury Compensation Program on February 29, 2016, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by her Tetanus-diphtheria-acellular pertussis (Tdap) vaccination on April 3, 2015. The case was assigned to the Special Processing Unit.

On September 30, 2016, the respondent filed a Rule 4(c) report conceding that compensation was appropriate. The respondent concluded that petitioner's alleged injury was consistent with SIRVA and was caused in fact by the Tdap vaccine received on April 3, 2015.

The respondent also noted that no other causes for the SIRVA were identified and that the petitioner had suffered sequelae for more than six months, satisfying all legal prerequisites for compensation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on October 5, 2016, finding petitioner entitled to compensation.

Subsequently, on October 19, 2016, the respondent filed a proffer on the award of compensation, proposing an award of $75,000.00, which the petitioner agreed to. In a Decision Awarding Damages dated February 13, 2017, Chief Special Master Dorsey adopted the terms of the proffer.

Petitioner Gretchen Kokotovich was awarded a lump sum payment of $75,000.00, payable by check to her, representing compensation for all damages available under the Act. Maximillian J.

Muller of Muller Brazil, LLP, represented the petitioner, and Alice Isabel Legat Tayman of the U.S. Department of Justice represented the respondent.

The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.