Leslie Dobbins v. HHS - Tdap, right shoulder injury related to vaccine administration (SIRVA) (2018)

Leslie Dobbins, a 56-year-old woman, filed a petition for compensation under the National Vaccine Injury Compensation Program on July 20, 2016. She alleged that she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on September 21, 2015.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on September 5, 2017, conceding that Ms. Dobbins was entitled to compensation.

The respondent stated that her condition was consistent with SIRVA caused by the Tdap vaccine and that there were no other identified causes for her condition, which had persisted for more than six months. Based on this concession, Chief Special Master Nora Beth Dorsey ruled on entitlement on September 6, 2017, finding Ms.

Dobbins entitled to compensation. A subsequent decision on damages was issued on August 15, 2018.

The public decision details Ms. Dobbins' medical history following the vaccination.

Approximately three weeks after receiving the Tdap vaccine, she presented with right shoulder pain, diagnosed as bursitis, impingement syndrome, and later a rotator cuff tear. She underwent arthroscopic surgery on November 10, 2015, which included rotator cuff repair, distal clavicle resection, subacromial decompression, and biceps tenodesis.

Following surgery, she underwent extensive physical therapy in Mississippi and Texas over several months. During her rehabilitation, Ms.

Dobbins was also caring for her terminally ill mother. The medical records indicate that her pain levels, while sometimes exacerbated by caretaking duties, generally decreased over time, and by April 2016, she reported being largely pain-free and able to resume activities like playing tennis.

Her active range of motion and strength improved significantly, though some limitations persisted for approximately seven to eight months post-vaccination. Ms.

Dobbins testified about the impact of her injury on her ability to play tennis and paint, activities she enjoyed and which were part of her social life. The respondent proposed an award of $95,000.00 for pain and suffering, while Ms.

Dobbins sought $145,000.00 for past pain and suffering and $40,000.00 for future pain and suffering. Chief Special Master Dorsey awarded Ms.

Dobbins $125,000.00 for pain and suffering and $3,143.80 for out-of-pocket medical expenses, totaling $128,143.80. The award considered the severity and duration of her pain, the limitations in her range of motion, the extenuating circumstance of caring for her terminally ill mother, and the impact on her participation in tennis and painting.

The claim for future pain and suffering was denied due to insufficient documentation of ongoing issues. The decision was issued by Chief Special Master Nora Beth Dorsey, with petitioner represented by Paul R.

Brazil and respondent represented by Robert P. Coleman, III.