Christi Jewell v. HHS - Tdap, left shoulder injuries (2018)

Christi Jewell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered left shoulder injuries as a result of receiving a tetanus diphtheria acellular pertussis (Tdap) vaccination on February 19, 2015. The case was initially defended by the respondent, who believed the onset of symptoms two weeks after vaccination was not temporally appropriate.

However, after reviewing medical records and hearing testimony, the Chief Special Master found that Ms. Jewell experienced pain within 72 hours of her vaccination, which is considered a medically appropriate temporal relationship for SIRVA.

Although SIRVA was not yet on the Vaccine Injury Table at the time of her petition, the court found she met the criteria for a Table SIRVA injury except for the 48-hour onset requirement. Ultimately, the court determined that Ms.

Jewell had met her burden of proving causation-in-fact under Althen v. HHS.

Following the ruling on entitlement, the parties engaged in settlement negotiations. Respondent filed a proffer on award of compensation, agreeing to an award of $81,516.20, which Ms.

Jewell accepted. The court awarded this lump sum payment to Ms.

Jewell, representing compensation for all damages available under the Vaccine Act.