Rebecca Schleif v. HHS - Tdap, left shoulder injury (2018)

Rebecca Schleif filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury caused by her Tdap vaccination on December 19, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the evidence established that the injury was caused-in-fact by the Tdap vaccine and was not due to unrelated factors.

The respondent also agreed that the statutory six-month sequela requirement was satisfied. Based on the respondent's concession and the evidence, the Chief Special Master found that Rebecca Schleif was entitled to compensation.

Subsequently, the parties filed a joint stipulation on damages. The stipulation stated that there was not a preponderance of evidence demonstrating that the injury was due to a factor unrelated to the immunization, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for her condition.

The parties agreed that a decision should be entered awarding compensation. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court.

Rebecca Schleif was awarded a lump sum of $182,500.00, representing compensation for all items of damages available under the Vaccine Act.