Mariela Rothermel v. HHS - Td, shoulder injury related to vaccine administration (SIRVA) (2017)

Mariela Rothermel filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) causally connected to the tetanus, diphtheria (Td) vaccine she received on August 19, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that petitioner was entitled to compensation.

The respondent agreed that petitioner's SIRVA was caused-in-fact by the Td vaccination and that no other causes were identified. The respondent also believed that petitioner satisfied all legal prerequisites for compensation.

Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding petitioner entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, indicating that petitioner should be awarded $157,890.84.

The petitioner agreed with this proffered award. The court found that the petitioner was entitled to an award as stated in the proffer and awarded a lump sum payment of $157,890.84, representing compensation for all damages available under the Act.