Shirley R. Miller v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2021)

Shirley Miller filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on October 22, 2017. She stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that she had no prior award or settlement for this condition.

Respondent denied that Ms. Miller sustained a Table SIRVA within the specified timeframe and denied that the Tdap immunization caused or aggravated her alleged shoulder injury.

Despite these positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation, awarding Ms.

Miller a lump sum of $38,000.00 as compensation for all damages available under the Vaccine Act. This amount represents a compromise of the parties' respective positions on liability and damages.