Joseph L. Wheatley v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2019)

Joseph L. Wheatley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by the tetanus, diphtheria, pertussis (Tdap) vaccine he received on August 15, 2016.

The respondent conceded that the petitioner's medical course was consistent with SIRVA as defined on the Vaccine Injury Table and that he had satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on April 13, 2018, finding him entitled to compensation.

Subsequently, on January 31, 2019, the respondent filed a proffer on award of compensation. The parties agreed to an award of $117,924.67, which included $424.00 for first-year life care expenses, $2,575.80 for lost wages, $110,000.00 for pain and suffering, and $4,924.87 for past unreimbursable expenses.

An additional amount was to be set aside to purchase an annuity contract for future life care items. A decision awarding damages was issued on March 5, 2019, granting the proffered award.