Russell Pearce v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2020)

Russell Pearce filed a petition for compensation under the National Vaccine Injury Compensation Program on April 15, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) caused by a tetanus, diphtheria, acellular pertussis (Tdap) vaccine he received on September 27, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 16, 2020, conceding that Mr.

Pearce was entitled to compensation. The respondent agreed that Mr.

Pearce met the criteria for a presumed SIRVA as defined by the Vaccine Injury Table and had satisfied all legal prerequisites for compensation. Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on July 17, 2020, finding Mr. Pearce entitled to compensation.

Subsequently, on August 20, 2020, the respondent filed a proffer recommending an award of $61,373.62. This amount comprised $60,000.00 for pain and suffering and $1,373.62 for past out-of-pocket medical expenses.

The respondent stated that Mr. Pearce agreed with this proffered award.

Chief Special Master Corcoran issued a decision on September 21, 2020, awarding Mr. Pearce a lump sum payment of $61,373.62, consisting of $60,000.00 for pain and suffering and $1,373.62 for actual unreimbursable expenses, payable by check to Mr.

Pearce. Petitioner counsel was Maximillian J.

Muller of Muller Brazil, LLP, and respondent counsel was Traci R. Patton of the U.S.

Department of Justice.