Bethanne Hull v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2019)

Bethanne Hull filed a petition for compensation under the National Vaccine Injury Compensation Program on May 22, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tetanus diphtheria acellular pertussis (Tdap) vaccine on May 22, 2016. The case was assigned to the Special Processing Unit.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 1, 2019, conceding that Ms. Hull is entitled to compensation and finding her claim consistent with a SIRVA as defined by the Vaccine Injury Table.

The respondent also agreed that Ms. Hull had satisfied all legal prerequisites for compensation under the Vaccine Act.

On April 3, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Hull entitled to compensation.

Subsequently, on April 17, 2019, the respondent filed a proffer on the award of compensation, recommending an award of $70,000.00, which Ms. Hull agreed to.

The public decision, issued by Chief Special Master Nora Beth Dorsey on August 7, 2019, awarded Ms. Hull a lump sum payment of $70,000.00, representing compensation for all damages available under the Vaccine Act.

Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Justine Elizabeth Walters and later Mallori Browne Openchowski of the U.S.

Department of Justice. The decision was made based on a stipulation and proffer, and the public text does not describe specific medical details of the injury, onset, symptoms, diagnostic tests, or treatments.