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

Deborah Gilbert filed a petition for compensation under the National Vaccine Injury Compensation Program on October 3, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccination on April 25, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 30, 2016, conceding that Ms.

Gilbert's injury was consistent with SIRVA and was caused by the Tdap vaccine. The respondent also agreed that no other cause was found, that the injury resulted in sequelae lasting more than six months, and that all legal prerequisites for compensation were met.

Based on the respondent's concession and the evidence, a ruling on entitlement was issued on October 3, 2016, finding Ms. Gilbert entitled to compensation.

Subsequently, on January 10, 2017, a decision awarding damages was issued. The respondent's proffer indicated an award of $130,000.00, which Ms.

Gilbert agreed to. The court awarded Ms.

Gilbert a lump sum payment of $130,000.00 for all damages.