Crystal Allen v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Crystal Allen filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) to her right shoulder after receiving a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine on April 7, 2016. She stated that she received the vaccination in the United States, experienced symptoms within 48 hours of vaccination, and suffered residual effects for more than six months.

The respondent conceded that petitioner's injury was caused-in-fact by the Tdap vaccine and that she suffered the sequelae of her injury for more than six months. Based on this concession, a ruling on entitlement was issued finding her entitled to compensation.

Subsequently, the parties submitted a proffer on the award of compensation. The proffer detailed a life care plan, lost earnings, pain and suffering, and past unreimbursable expenses.

Crystal Allen was awarded a lump sum payment of $690,041.51, which included compensation for life care expenses for the first year, lost earnings, pain and suffering, and past unreimbursable expenses. Additionally, an amount sufficient to purchase an annuity contract was awarded to cover future life care items as outlined in the life care plan.