Ruth Gear v. HHS - Tdap, right shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Ruth Gear filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccination on November 13, 2015. She reported the onset of pain within 48 hours of the vaccination.
The respondent initially contested the claim but later amended their report, stating they would not dispute that Ms. Gear satisfied the legal prerequisites for compensation for a SIRVA injury listed on the Vaccine Injury Table.
The Special Master issued a Ruling on Entitlement finding Ms. Gear entitled to compensation.
Subsequently, the parties filed a proffer on an award of compensation, which Ms. Gear agreed to.
The court awarded Ms. Gear a lump sum of $90,468.39, comprising $87,500.00 for past and future pain and suffering, and $2,968.39 in lost wages.
This award represents compensation for all elements available under the Act.