Chandra Novak v. HHS - Tdap, right shoulder injury related to vaccine administration (SIRVA) and bursitis (2019)

Chandra Novak filed a petition for compensation under the National Vaccine Injury Compensation Program on December 18, 2017, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) and bursitis as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccine she received on February 17, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 5, 2018, conceding that Ms.

Novak was entitled to compensation. The respondent specifically stated that Ms.

Novak suffered bursitis in her right shoulder, that it was caused-in-fact by the Tdap vaccine administered on February 17, 2015, and that she experienced sequelae of the injury for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 7, 2018, finding Ms.

Novak eligible for compensation. Subsequently, on September 23, 2019, the parties submitted a proffer on the award of compensation.

The respondent proposed an award of $55,100.00, consisting of $55,000.00 for pain and suffering and $100.00 for unreimbursed medical expenses. The proffer indicated that Ms.

Novak agreed with this proposed award. Chief Special Master Dorsey finalized the decision on November 21, 2019, awarding Ms.

Novak a lump sum payment of $55,100.00, payable by check to Chandra Novak. This award represented compensation for all damages available under the Vaccine Act.

Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Mallori Browne Openchowski of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Ms. Novak, nor does it name any medical experts.