Ronda Brum Smith v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Ronda Brum Smith filed a petition alleging that a Tdap vaccine she received on February 29, 2016, caused her to suffer Shoulder Injury Related to Vaccine Administration (SIRVA), a Table injury. The Chief Special Master issued a Ruling on Entitlement on July 6, 2022, finding that Ms.
Smith was entitled to compensation. Respondent conceded that Ms.
Smith had established the elements of a SIRVA Table claim, noting that the onset of pain occurred within 48 hours of vaccination and that she suffered residual effects for more than six months. Subsequently, on January 26, 2023, Respondent filed a proffer on award of damages.
The parties stipulated to an award of $45,000.00 for pain and suffering and $2,728.03 for past unreimbursable expenses, for a total award of $47,728.03. The decision dated February 27, 2023, awarded this amount as a lump sum payment to Ms.
Smith, who is a competent adult.