Scott B. Hearth, M.D. v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2021)

Scott B. Hearth, M.D. filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccination he received on June 15, 2016.

The respondent conceded that Petitioner was entitled to compensation, agreeing that the claim met the Table criteria for SIRVA and that the injury persisted for more than six months. The case proceeded to a damages hearing because the parties disagreed on the amount of pain and suffering to be awarded.

Petitioner requested $85,000.00, while the respondent proposed $62,500.00. After considering the arguments and comparable SIRVA cases, the Chief Special Master awarded Petitioner $67,500.00 for actual pain and suffering.

This award represents compensation for all damages available under Section 15(a) of the Vaccine Act.