Tina Schaum-Hoey v. HHS - Tdap, right shoulder injury related to vaccine administration (SIRVA) (2022)

Tina Schaum-Hoey filed a petition for vaccine compensation on December 15, 2021, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine administered on March 24, 2018. She stated that the vaccine was given in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement.

Respondent denied that petitioner sustained a SIRVA Table injury within the Table timeframe or that she suffered from her alleged injury for more than six months, and further denied that the Tdap vaccine caused her injury. Despite these differing positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The court adopted the stipulation as its decision, awarding Tina Schaum-Hoey a lump sum of $40,000.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The parties agreed that this stipulation expressed a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act.