Emily Hirst v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2021)

Emily Hirst filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she received a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine in her left deltoid on June 11, 2017. She claimed to have sustained a shoulder injury related to vaccine administration (SIRVA) as defined in the Vaccine Injury Table.

The respondent conceded that Ms. Hirst satisfied the criteria for SIRVA under the Vaccine Injury Table and the Qualifications and Aids to Interpretation.

The respondent confirmed that Ms. Hirst had no prior history of shoulder issues, her pain and reduced range of motion began within 48 hours of the vaccination, her symptoms were confined to the injection shoulder, and no other condition explained her symptoms.

Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, the parties reached a stipulation for damages.

The respondent proffered an award of $104,297.41, comprising $102,500.00 for pain and suffering and $1,797.41 for past unreimbursable out-of-pocket expenses. Ms.

Hirst agreed to this award. The court issued a decision awarding the stipulated lump sum payment to Ms.

Hirst.