Bich Ngoc To v. HHS - Tdap, right shoulder injury (2020)

Bich Ngoc To filed a petition for compensation under the National Vaccine Injury Compensation Program on April 6, 2018, alleging a right shoulder injury resulting from a Tdap vaccine administered on April 28, 2017. The case was assigned to the Special Processing Unit.

On March 30, 2020, the Respondent conceded that Petitioner was entitled to compensation, agreeing that her claim met the Table criteria for Shoulder Injury Related to Vaccine Administration (SIRVA). The Respondent also confirmed the case was timely filed, the vaccine was received in the United States, and Petitioner satisfied the statutory severity requirement.

A ruling on entitlement was issued on April 3, 2020, finding Petitioner entitled to compensation. On September 25, 2020, the Respondent filed a proffer on award of compensation, proposing an award of $147,815.81, which Petitioner agreed to.

This amount included $140,604.50 for pain and suffering and future medical expenses, and $7,211.31 to satisfy a Medi-Cal lien. The decision dated October 28, 2020, awarded Petitioner the stipulated amount.