Rhonda G. Shepherd v. HHS - Pneumococcal, shoulder injury related to vaccine administration (SIRVA) (2021)

Rhonda G. Shepherd filed a petition on March 5, 2020, seeking compensation under the National Vaccine Injury Compensation Program.

She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a pneumococcal conjugate vaccine on January 28, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 27, 2021, conceding that Ms.

Shepherd is entitled to compensation for a SIRVA injury listed in the Vaccine Injury Table. The respondent agreed that Ms.

Shepherd had met all legal requirements for compensation. On May 28, 2021, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement, finding Ms. Shepherd entitled to compensation.

Subsequently, on July 21, 2021, the respondent filed a proffer on the award of compensation. This proffer indicated that Ms.

Shepherd should be awarded $60,363.40, consisting of $60,000.00 for pain and suffering and $363.40 for unreimbursed expenses. The proffer stated that Ms.

Shepherd agreed with this proposed award. On July 26, 2021, Chief Special Master Corcoran issued a decision awarding damages based on this proffer.

The decision awarded Ms. Shepherd a lump sum payment of $60,363.40, payable by check to her.

This amount was stated to represent compensation for all damages available under the Vaccine Act. Petitioner was represented by Michael G.

McLaren of Black McLaren Jones Ryland & Griffee, P.C., and respondent was represented by Daniel Anthony Principato of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. The specific mechanism of injury is not detailed beyond it being a Table SIRVA injury.