Frank Gibbs v. HHS - Tdap, left shoulder injuries related to vaccine administration (SIRVA) (2022)

Frank Gibbs, an adult, received a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine on June 14, 2018. He alleged that he suffered left shoulder injuries related to vaccine administration (SIRVA) as a result of this vaccination.

The petition was filed on May 16, 2019. Mr.

Gibbs alleged that he received the vaccine in the United States, his pain lasted longer than six months, and that he had not received any prior compensation for this injury. The respondent, the Secretary of Health and Human Services, filed an amended Rule 4(c) report conceding that Mr.

Gibbs was entitled to compensation. The respondent agreed that the injury met the criteria for SIRVA on the Vaccine Injury Table and that Mr.

Gibbs met the statutory requirements for filing and severity. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement on March 17, 2022, finding Mr.

Gibbs entitled to compensation. Subsequently, on May 5, 2022, the respondent filed a proffer on award of compensation, recommending an award of $101,289.03, which included $100,000.00 for pain and suffering and $1,289.03 for unreimbursable expenses.

Mr. Gibbs agreed with this proffered award.

The Chief Special Master issued a decision awarding damages on June 17, 2022, granting the lump sum payment of $101,289.03 to Mr. Gibbs.