Joy Gilley v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
Joy Gilley filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered right shoulder injuries as a result of a tetanus, diphtheria, acellular pertussis (Tdap) vaccine she received on October 27, 2015. The respondent conceded that her alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA), that it was caused-in-fact by the Tdap vaccination, and that no other causes were identified.
The respondent also agreed that the statutory six-month sequela requirement had been satisfied. Based on the respondent's concession and the evidence of record, the Chief Special Master found that Joy Gilley was entitled to compensation.
Subsequently, a decision awarding damages was issued. Pursuant to respondent's proffer on award of compensation, the court awarded $93,787.75, which included a lump sum payment of $92,500.00 and $1,287.75 to satisfy a Texas Medicaid lien.
This award represented compensation for all damages available under the Vaccine Act.