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

Angela Kalail filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccine, received on October 31, 2018, caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that Petitioner's claim met the Table criteria for SIRVA, entitling her to a presumption of causation.

Although she also received a Pneumovax vaccine concurrently, the respondent did not believe the evidence overcame the presumption for the Tdap vaccine. The respondent also agreed that the case was timely filed, the vaccine was received in the United States, and the injury met the statutory severity requirement of lasting more than six months.

Petitioner affirmed she had not received prior compensation for this injury. Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation.

Subsequently, a damages decision was issued based on a proffer. The court awarded Angela Kalail a lump sum of $156,150.68, which included $150,000.00 for pain and suffering, $3,681.45 for past unreimbursed expenses, and $2,469.23 for after-tax net loss of earnings.