Lindsey Lally v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Lindsey Lally filed a petition seeking compensation under the National Vaccine Injury Compensation Program after receiving a Tetanus-Diphtheria-acellular-Pertussis (Tdap) vaccine on August 8, 2016. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA).
The initial ruling on entitlement found that her left arm pain occurred within 48 hours of vaccination. The respondent, the Secretary of Health and Human Services, did not contest entitlement, advising that Ms.
Lally had satisfied the criteria for SIRVA under the Vaccine Injury Table and Qualifications and Aids to Interpretation. The case proceeded as a Table claim.
Subsequently, the parties reached a proffer agreement for damages. The court adopted this proffer, awarding Ms.
Lally a total of $76,529.44. This amount included $75,000.00 for pain and suffering and $1,529.44 for past unreimbursable expenses related to her vaccine-related injury.
The award was made as a lump sum payment to Ms. Lally.