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

Nancy Tyree filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on July 3, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.

Tyree is entitled to compensation for a SIRVA. The respondent agreed that her medical course was consistent with SIRVA and that she met all legal prerequisites for compensation.

Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $80,000.00, which Ms. Tyree agreed to.

The Chief Special Master issued a ruling on entitlement finding Ms. Tyree entitled to compensation, and later issued a decision awarding damages based on the proffer.

Ms. Tyree was awarded a lump sum payment of $80,000.00, representing compensation for all damages available under the Vaccine Act.