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

On July 26, 2019, Shana Burch filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program. Ms.

Burch alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) caused by a Tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on October 23, 2016. The petition stated that the vaccine was administered in the United States, that the residual effects of the injury lasted more than six months, and that there had been no prior award or settlement of a civil action for damages on her behalf.

The respondent denied that the petitioner sustained the onset of her alleged SIRVA within the Table timeframe, denied that the Tdap vaccine caused the alleged shoulder injury or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. Despite these denials, on June 8, 2021, the parties filed a joint stipulation agreeing to settle the case.

Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision awarding damages.

Pursuant to the stipulation, Ms. Burch was awarded a lump sum of $30,000.00, payable to her, as compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The Tdap vaccine is listed in the Vaccine Injury Table. The decision was issued on June 11, 2021.

Petitioner was represented by Bruce W. Slane.

Respondent was represented by Mallori Browne Openchowski.