Pauline Zand v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2018)

Pauline Zand filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury causally related to a Tdap vaccine she received on November 11, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the evidence established that the injury to Ms.

Zand's left shoulder was caused by the Tdap vaccine and that the statutory six-month sequela requirement was satisfied. Based on this concession, the Chief Special Master issued a ruling on entitlement, finding Ms.

Zand entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $133,052.00, which Ms.

Zand agreed to. The Chief Special Master issued a decision awarding Ms.

Zand a lump sum payment of $133,052.00, representing compensation for all damages available under the Vaccine Act. The case proceeded as an off-Table claim, and the parties stipulated to the award amount.