Jennifer Reed v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2019)

On December 20, 2016, Jennifer Reed filed a petition seeking compensation under the National Vaccine Injury Compensation Program. Ms.

Reed alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine on March 28, 2016. The case was assigned to the Special Processing Unit.

Initially, the parties attempted to reach a settlement, but the Attorney General's office declined to approve the tentative agreement. Respondent then argued that Ms.

Reed failed to meet her burden of proof for entitlement, contending that the onset of her symptoms was outside the 48-hour window for a Table SIRVA injury and that she had not provided a medical theory connecting the vaccine to her injury for an off-Table claim. Following the submission of additional evidence by Ms.

Reed, including affidavits and payroll records, respondent requested a ruling on entitlement. On February 2, 2018, Chief Special Master Nora Beth Dorsey issued a ruling finding Ms.

Reed entitled to compensation. The Special Master determined that Ms.

Reed's shoulder pain onset occurred within 24 hours of vaccination, satisfying the time frame requirement. The evidence also showed no prior history of shoulder issues, that the pain and reduced range of motion were limited to the vaccinated shoulder, and no other condition explained the symptoms, thus meeting the SIRVA criteria.

The Special Master found that these criteria established a logical sequence of cause and effect, satisfying the requirements for an off-Table claim under Althen v. Secretary of Health & Human Services.

A subsequent decision on damages was issued on March 13, 2019. The parties were unable to agree on compensation for pain and suffering.

Ms. Reed sought $250,000 for past pain and suffering and compensation for future pain and suffering, arguing her injury was permanent and a result of failed surgery.

Respondent proposed an award of no more than $120,000 for pain and suffering. The Special Master reviewed the medical records, affidavits, and testimony, noting Ms.

Reed's severe shoulder pain, limited range of motion, and the progression of her treatment, including physical therapy, cortisone injections, and arthroscopic surgery. The Special Master found that while Ms.

Reed experienced significant pain and limitations for approximately six months leading up to her surgery, and continued to have residual pain and some restricted range of motion afterward, the evidence did not sufficiently support a claim of permanent injury. Therefore, an award for future pain and suffering was denied.

The Special Master awarded Ms. Reed $160,000 for actual pain and suffering and, with the agreement of the parties, $4,931.06 for past unreimbursable expenses.

The total award was $164,931.06, paid as a lump sum. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Darryl R.

Wishard. Chief Special Master Nora Beth Dorsey presided over the case.