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

Jennifer Claypool filed a petition for compensation under the National Vaccine Injury Compensation Program on June 22, 2018. She alleged that she received a Tetanus diphtheria acellular pertussis (Tdap) vaccination on June 22, 2016, and subsequently developed a left shoulder injury related to vaccine administration (SIRVA).

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that petitioner's injury was caused-in-fact by the Tdap vaccine and that she met all legal prerequisites for compensation. On June 26, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding petitioner entitled to compensation.

Subsequently, on March 29, 2019, the parties submitted a proffer on the award of compensation. The respondent proposed an award of $73,329.86, which included $72,621.73 for unreimbursed past expenses and past and future pain and suffering, and $708.13 to satisfy a State of Nevada Medicaid lien.

Petitioner agreed with this proffered award. Chief Special Master Dorsey issued a decision on May 29, 2019, awarding Jennifer Claypool the total sum of $73,329.86.

This amount was to be paid as a lump sum of $72,621.73 to petitioner, Jennifer Claypool, and a lump sum of $708.13 to satisfy the State of Nevada Medicaid lien. Petitioner is a competent adult and did not require guardianship.

Joseph Alexander Vuckovich of Maglio Christopher & Toale, PA, represented the petitioner, and Daniel Anthony Principato of the U.S. Department of Justice represented the respondent.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.