Renee Lee v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Renee Lee 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 August 30, 2017. The respondent conceded that her alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table, noting she had no prior history of shoulder issues, the pain occurred within 48 hours after the vaccination, was limited to the injection site, and no other condition could explain the pain.
The respondent also agreed that she suffered residual effects for more than six months and met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the court found her entitled to compensation.
Subsequently, the parties submitted a proffer for damages, agreeing that Renee Lee should be awarded $95,000.00 for actual and projected pain and suffering, reduced to net present value. The court awarded this lump sum payment to Renee Lee, who is a competent adult.
Source PDFs
USCOURTS-cofc-1_18-vv-01346