Jackie Duty v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2018)

Jackie Duty filed a petition for compensation under the National Vaccine Injury Compensation Program on December 19, 2017, alleging she suffered a Table Injury, shoulder injury related to vaccine administration (SIRVA), after receiving a tetanus, diphtheria, and acellular pertussis (Tdap) vaccination on December 31, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 19, 2018, conceding that the petitioner's alleged injury was consistent with SIRVA of the left arm and met the requirements of a Table injury claim for SIRVA stemming from the Tdap vaccination.

The respondent further agreed that the petitioner had satisfied all legal prerequisites for compensation. On September 21, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding petitioner entitled to compensation.

Subsequently, on October 4, 2018, the respondent filed a proffer on the award of compensation, indicating that the petitioner should be awarded $115,963.87. This amount represented $115,000.00 for past and future pain and suffering and $963.87 for past unreimbursed expenses.

The petitioner agreed with the proffered award. On December 6, 2018, Chief Special Master Dorsey issued a decision awarding damages based on this proffer, granting a lump sum payment of $115,963.87 to Jackie Duty.

Petitioner's counsel was John Robert Howie of Howie Law, PC, and respondent's counsel was Darryl R. Wishard of the U.S.

Department of Justice.