Richard Stenger v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2022)

Richard Stenger filed a petition for compensation under the National Vaccine Injury Compensation Program on June 17, 2020, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on April 16, 2018. The case was assigned to the Special Processing Unit.

On October 29, 2021, Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation. Respondent stated that Petitioner had no prior history of pain, inflammation, or dysfunction in his left shoulder, that his pain occurred within 48 hours of the vaccination, that the pain and reduced range of motion were limited to the shoulder where the vaccine was administered, and that no other condition explained his symptoms.

Respondent also agreed that the statutory six-month sequela requirement was satisfied. Based on Respondent's concession and the evidence, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on October 29, 2021, finding Petitioner entitled to compensation. Subsequently, on February 18, 2022, Respondent filed a proffer on the award of compensation.

Petitioner, a competent adult, agreed with the proffered award. On March 30, 2022, Chief Special Master Corcoran issued a Decision Awarding Damages, granting Petitioner a lump sum payment of $68,011.23.

This award consisted of $67,500.00 for pain and suffering and $511.23 for past unreimbursed medical expenses. Petitioner was represented by Paul R.

Brazil of Muller Brazil, LLP, and Respondent was represented by Debra A. Filteau Begley of the U.S.

Department of Justice.