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

K.B. filed a petition for compensation under the National Vaccine Injury Compensation Program on December 18, 2020, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from a Tdap vaccine administered on December 1, 2017. The case was assigned to the Special Processing Unit.

On October 16, 2020, a ruling on entitlement was issued, finding K.B. entitled to compensation. The respondent conceded that K.B. suffered SIRVA, meeting the criteria for a Table injury.

Specifically, the respondent noted that K.B. had no recent history of pain, inflammation, or dysfunction of her left shoulder that would explain the alleged signs, symptoms, examination findings, and/or diagnostic studies occurring after vaccine injection; the onset of pain occurred within forty-eight hours after receipt of an intramuscular vaccination; the pain was limited to the shoulder in which the vaccine was administered; and, no other condition or abnormality had been identified to explain K.B.'s left shoulder pain. The respondent further agreed that K.B. suffered the residual effects of her condition for more than six months.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found K.B. entitled to compensation.

On November 19, 2020, the respondent filed a proffer of award, which K.B. accepted. Chief Special Master Corcoran awarded K.B. a total of $141,603.72, comprising $137,500.00 for pain and suffering and $4,103.72 for unreimbursable expenses.

The decision was originally filed on December 18, 2020, and later reissued in redacted form on April 9, 2021, with K.B.'s name redacted to initials. Petitioner's counsel was Ronald Craig Homer, and respondent's counsel was James Vincent Lopez.