Linda Russell v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2018)

Linda Russell filed a petition for compensation under the National Vaccine Injury Compensation Program on February 2, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus, diphtheria, acellular pertussis (Tdap) vaccine on August 18, 2015. The respondent, the Secretary of Health and Human Services, did not contest entitlement, stating in a Rule 4(c) Report filed October 5, 2017, that the injury was consistent with SIRVA caused-in-fact by the Tdap vaccine and that no other causes were identified.

Based on the respondent's concession and the evidence, the court issued a Ruling on Entitlement on October 10, 2017, finding Ms. Russell entitled to compensation.

Subsequently, on October 26, 2017, the respondent filed a proffer on award of compensation, agreeing to an award of $110,000.00 for past and future pain and suffering and $1,000.00 for past unreimbursed medical expenses, totaling $111,000.00. Ms.

Russell, an adult, agreed to this proffered award. A decision awarding damages was issued on February 23, 2018, granting a lump sum payment of $111,000.00 to Linda Russell.