April L. Strang-Kutay v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
April L. Strang-Kutay filed a petition on October 31, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving a Tdap vaccination on November 6, 2017.
The ruling on entitlement, issued on November 2, 2021, found that her shoulder injury began within 48 hours of vaccination and that the vaccine was administered in her right arm. Respondent later filed an Amended Rule 4(c) Report, agreeing that the petitioner suffered SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites for compensation.
Based on this, a Ruling on Entitlement was issued on April 18, 2022, finding her entitled to compensation. Subsequently, on July 11, 2022, Respondent submitted a proffer agreeing to an award of $115,060.49, comprising $110,000.00 for pain and suffering and $5,060.49 for past unreimbursable expenses.
This proffer was adopted in a Decision Awarding Damages on September 27, 2022, and judgment was entered for the total amount.