Kathleen Mitzner v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2020)

Kathleen Mitzner filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on December 6, 2016, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that Ms.

Mitzner was entitled to compensation, agreeing that her condition met the criteria for a SIRVA as listed on the Vaccine Injury Table. Following the ruling on entitlement, the parties submitted a proffer on damages.

The respondent recommended an award of $71,340.22, which included $70,000.00 for pain and suffering and $1,340.22 for past unreimbursable expenses. Ms.

Mitzner agreed with this proffered award. The court accepted the proffer and awarded Ms.

Mitzner the lump sum of $71,340.22, payable by check to her, as compensation for all damages available under the Vaccine Act.