Katie M. Miller v. HHS - Tdap, brachial neuritis (2021)

Katie Miller filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA), or in the alternative, a left brachial plexitis, as a result of a Tdap vaccination administered on April 25, 2016. The respondent conceded that Ms.

Miller was entitled to compensation for a Table injury consistent with brachial neuritis, with onset occurring within two to twenty-eight days following her vaccination. The respondent also agreed that the case was timely filed, the vaccine was received in the United States, and Ms.

Miller suffered residual effects for more than six months. Based on the concession and the evidence, the court found Ms.

Miller entitled to compensation. Subsequently, the parties agreed to a proffer of award.

The court awarded Ms. Miller a total of $78,056.91, consisting of $75,000.00 for pain and suffering and $3,056.91 for unreimbursed out-of-pocket medical expenses.

This award represents all elements of compensation to which Ms. Miller would be entitled under the Vaccine Act.