Jennifer Imm v. HHS - Tdap, bilateral shoulder injuries related to vaccine administration (SIRVA) (2022)

Jennifer Imm, a 24-year-old teacher, filed a petition on June 24, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered bilateral shoulder injuries related to vaccine administration (SIRVA) following vaccinations on May 16, 2018.

Specifically, she received a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine in her right shoulder and a Human Papillomavirus (HPV) vaccine in her left shoulder. Petitioner reported experiencing bilateral shoulder pain and decreased range of motion starting thirteen days after vaccination.

Her medical history included extensive physical therapy for over two years, MRIs, and a cortisone injection. The respondent, the Secretary of Health and Human Services, filed a report on November 16, 2020, conceding that Petitioner had satisfied the criteria for a Table injury, specifically a bilateral SIRVA.

Based on this concession, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 17, 2020, finding Petitioner entitled to compensation.

Following this, the parties engaged in discussions regarding damages. Petitioner requested $175,000.00 for past pain and suffering and $1,500.00 per year for future pain and suffering, along with $3,890.89 in unreimbursed expenses.

Respondent recommended an award of $100,000.00 for past pain and suffering and no award for future pain and suffering, while agreeing to $3,871.13 in unreimbursed expenses. In a decision dated May 23, 2022, Chief Special Master Corcoran awarded Jennifer Imm a total of $133,871.13.

This award comprised $130,000.00 for actual pain and suffering and $3,871.13 for past unreimbursable expenses. The Special Master denied compensation for future pain and suffering, finding insufficient evidence of permanent disability.

The decision noted that Petitioner's medical records indicated significant improvement by January 2019, with normal range of motion and mild pain, although treatment continued for approximately 27 months for the left shoulder. The Special Master found the case unique due to the bilateral nature of the injury and the extensive physical therapy, comparing it to other SIRVA cases but ultimately determining a higher award was warranted than in single-shoulder injury cases or cases with less intensive therapy.

Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Andrew Henning. The decision was issued by Chief Special Master Brian H.

Corcoran.