Keria Edwards v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Keria Edwards filed a petition for compensation under the National Vaccine Injury Compensation Program on May 7, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine received on October 25, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 24, 2019, conceding that Ms.

Edwards was entitled to compensation. The respondent agreed that her condition met the criteria set forth in the Vaccine Injury Table for SIRVA and that she suffered residual effects for more than six months, satisfying all legal prerequisites for compensation.

Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 24, 2019, finding Ms. Edwards entitled to compensation based on the respondent's concession and the evidence of record.

Subsequently, on December 19, 2019, the parties submitted a proffer on the award of damages. The respondent proffered an award of $57,500.00 for pain and suffering, reduced to net present value, and an additional $4,543.32 to satisfy a State of Ohio Medicaid lien.

The petitioner agreed with the proffered award. Chief Special Master Brian H.

Corcoran issued a decision on January 21, 2020, awarding Ms. Edwards a total of $62,043.32.

This included a lump sum payment of $57,500.00 for pain and suffering, payable to Ms. Edwards, and a lump sum payment of $4,543.32 for the Medicaid lien, payable jointly to Ms.

Edwards and the Treasurer of the State of Ohio. Ms.

Edwards is a competent adult, and no guardianship was required. Petitioner counsel was Bridget Candace McCullough of Muller Brazil, LLP, and respondent counsel was Jennifer Leigh Reynaud of the U.S.

Department of Justice.