Melody Chesley v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

Melody Chesley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from a Tdap vaccination received on January 6, 2017. The respondent conceded that Ms.

Chesley was entitled to compensation, finding her condition consistent with SIRVA as defined on the Vaccine Injury Table. Specifically, she had no recent history of shoulder pain, the pain occurred within 48 hours after vaccination, was limited to the vaccination shoulder, and no other condition explained the pain.

Her condition also resulted in residual effects for more than six months. A ruling on entitlement was issued on November 2, 2018, finding her eligible for compensation.

Subsequently, on June 4, 2019, the respondent filed a proffer on award of compensation, which Ms. Chesley agreed to.

The total award was $117,251.32, comprising pain and suffering ($80,000.00), unreimbursable out-of-pocket expenses ($901.56), past medical expenses owed to South Peninsula Hospital ($26,359.82), and past lost wages ($9,989.94). The decision awarding damages was issued on August 21, 2019.