Vera Veronica Kelly v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2020)

Vera Veronica Kelly filed a petition for compensation under the National Vaccine Injury Compensation Program on March 26, 2019. She alleged that a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on January 25, 2017, caused a left shoulder injury related to vaccine administration (SIRVA).

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement to compensation, agreeing that the petitioner suffered a SIRVA consistent with a Table injury and had met the legal prerequisites for compensation. On April 7, 2020, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement, finding Ms. Kelly entitled to compensation.

Subsequently, on September 14, 2020, the respondent filed a proffer on award of compensation. The proffer proposed an award of $93,105.44, consisting of $90,000.00 for pain and suffering and $3,105.44 for past unreimbursed expenses.

The petitioner agreed with this proffered award. On October 20, 2020, Chief Special Master Corcoran issued a decision awarding Ms.

Kelly a lump sum of $93,105.44, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision does not describe the specific onset of symptoms, medical examinations, or treatments.

Petitioner was represented by Elizabeth Martin Muldowney of Sands Anderson PC, and respondent was represented by Voris Edward Johnson of the U.S. Department of Justice.