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

Douglas Miller filed a petition for compensation under the National Vaccine Injury Compensation Program on June 23, 2020, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on October 15, 2018. The respondent, represented by Wei Kit Tai of the U.S.

Department of Justice, filed a Rule 4(c) report conceding that Mr. Miller's claim met the Table criteria for SIRVA and that he satisfied all legal prerequisites for compensation.

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC.

On April 5, 2022, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Petitioner entitled to compensation.

Subsequently, on May 2, 2022, the respondent filed a proffer on award of compensation. The parties agreed to a total award of $98,670.12.

This award consisted of a lump sum payment of $92,962.61, which included $92,500.00 for pain and suffering and $462.61 for past unreimbursable expenses, payable to Mr. Miller.

Additionally, a lump sum payment of $5,707.51 was awarded to satisfy the State of New York Medicaid lien, payable jointly to Mr. Miller and the New York State Department of Health, with Mr.

Miller agreeing to endorse the check. The decision awarding these damages was issued by Chief Special Master Brian H.

Corcoran on June 16, 2022. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments received.