Kelsey Metsker v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Kelsey Metsker filed a petition on March 17, 2021, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her Tdap vaccination on August 14, 2017. She claimed the vaccine was administered in the United States, that her injury had residual effects for more than six months, and that she had not received any prior award or settlement for this injury.

Respondent denied that the Tdap vaccine caused her left shoulder injury or any other injury, and denied that she sustained a SIRVA Table Injury. Despite the denial, the parties filed a joint stipulation on March 16, 2021, agreeing that compensation should be awarded.

Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision. The court awarded Kelsey Metsker a lump sum of $65,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The case proceeded as a Table claim, and the award was based on a joint stipulation.