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

Kathy Brimner filed a petition on August 5, 2019, alleging that a Tetanus Diphtheria acellular Pertussis (Tdap) vaccination she received on May 13, 2018, caused a Shoulder Injury Related to Vaccine Administration (SIRVA). The case was assigned to the Special Processing Unit.

On December 15, 2020, the Respondent filed a Rule 4(c) report conceding entitlement. The Respondent stated that the petitioner's alleged injury was consistent with SIRVA of the left arm and met the requirements of a Table injury claim stemming from the Tdap vaccination.

The Respondent further indicated that no other causes for the petitioner's left arm injury were identified and that she suffered the sequelae of this injury for more than six months, thus meeting the statutory requirements for entitlement. Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on December 18, 2020, finding Petitioner entitled to compensation. Subsequently, on January 14, 2021, the parties filed a proffer on the award of compensation.

The Respondent proffered that Kathy Brimner should be awarded $76,045.45, consisting of $75,000.00 for pain and suffering and $1,045.45 for past unreimbursed expenses. The Petitioner agreed with this award.

Chief Special Master Corcoran issued a decision on March 1, 2021, awarding Petitioner the stipulated lump sum of $76,045.45, payable by check to Petitioner. This amount represents compensation for all damages available under § 15(a).

Petitioner was represented by Gary A. Butler of Massa Butler Giglione, and Respondent was represented by Darryl R.

Wishard of the U.S. Department of Justice.