Kelly Dean v. HHS - Tdap, shoulder injury related to vaccine administration (2019)
Case summary [AI summaries can sometimes make mistakes]
Kelly Dean filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a Tdap vaccine she received on December 7, 2017. The respondent, the Secretary of Health and Human Services, conceded that Ms.
Dean was entitled to compensation. The respondent filed a Rule 4(c) report agreeing that Ms.
Dean suffered a SIRVA from the Tdap vaccine and had met all legal prerequisites for compensation. Subsequently, the parties submitted a proffer on the award of compensation.
The Chief Special Master issued a ruling on entitlement on June 7, 2019, finding Ms. Dean entitled to compensation.
On October 31, 2019, a decision awarding damages was issued, granting Ms. Dean a lump sum payment of $96,976.78, which represented compensation for all damages available under the Vaccine Act.
This amount was agreed upon by both parties.