Carol Wagner v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2022)

Carol Wagner filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine she received on November 27, 2018. She further alleged that she experienced the residual effects of her injury for more than six months.

The respondent conceded that Ms. Wagner is entitled to compensation, as she satisfied the criteria for SIRVA set forth in the Vaccine Injury Table.

The respondent agreed that her injury had residual effects for more than six months and that there was no apparent alternative cause. Based on the respondent's concession and the evidence of record, the Chief Special Master found Ms.

Wagner entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, indicating that Ms.

Wagner should be awarded $52,500.00 in pain and suffering. Ms.

Wagner agreed with this proffered award. The Chief Special Master awarded Ms.

Wagner a lump sum payment of $52,500.00 for pain and suffering.