L. R. v. HHS - Tetanus diphtheria, right shoulder injury related to vaccine administration (SIRVA) (2022)

L. R. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of a Tetanus diphtheria (Td) vaccine administered on December 5, 2017.

She stated that the vaccine was given in the United States and that she suffered residual effects of her injury for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that L.

R. is entitled to compensation. The respondent agreed that L.

R. satisfied the criteria for SIRVA on the Vaccine Injury Table, that the case was timely filed, that the vaccine was administered in the United States, and that the statutory severity requirement was met. Based on the respondent's concession and the evidence, the court found L.

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

R. should be awarded $50,496.16, which included $50,000.00 for pain and suffering and $496.16 for past unreimbursable expenses. L.

R. agreed with this proffered award. The court awarded L.

R. the lump sum of $50,496.16.