Neva Bernier v. HHS - Tdap, bilateral shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Neva Bernier filed a petition for compensation on April 8, 2020, alleging she suffered bilateral shoulder injury related to vaccine administration (SIRVA) after receiving Tdap, pneumococcal, and meningococcal B vaccinations on March 26, 2019. The respondent conceded that Ms.
Bernier was entitled to compensation, agreeing that her injury met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. The respondent noted that Ms.
Bernier had no prior history of shoulder issues, her pain and reduced range of motion occurred within 48 hours of vaccination, and her symptoms were limited to the injection sites. Based on the respondent's concession and the evidence, the Chief Special Master ruled Ms.
Bernier entitled to compensation. Subsequently, on January 25, 2022, a decision on damages was issued, awarding Ms.
Bernier a lump sum of $124,111.71, which included $122,000.00 for pain and suffering and $2,111.71 for past unreimbursable expenses. Ms.
Bernier is a competent adult.
Source PDFs
USCOURTS-cofc-1_20-vv-00405