Nora Dempsey v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2021)

Nora Dempsey 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 tetanus vaccination administered on February 21, 2017. The case was assigned to the Special Processing Unit.

On February 17, 2021, the court found that there was preponderant evidence to establish that the onset of her left shoulder pain occurred within 48 hours of the vaccination. Respondent filed an Amended Rule 4(c) Report stating that he did not dispute that Petitioner had satisfied all legal prerequisites for compensation under the Vaccine Act, while preserving his right to appeal the findings of fact.

Based on the respondent's position and the evidence, the court found Petitioner entitled to compensation. Subsequently, on May 25, 2021, Respondent filed a proffer on award of compensation indicating Petitioner should be awarded $74,821.36, comprised of $72,500.00 in pain and suffering and $2,321.36 in past unreimbursable expenses.

Petitioner agreed with the proffered award. The court found Petitioner entitled to an award as stated in the proffer and awarded a lump sum payment of $74,821.36.