Kimberly Reser v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Kimberly Reser filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a Tdap vaccination she received on May 20, 2019. She further alleged that her shoulder injury lasted longer than six months.
The respondent, the Secretary of Health and Human Services, did not contest that Ms. Reser was entitled to compensation.
In a report filed on March 13, 2023, the respondent stated that, in light of the medical evidence and a prior finding of fact, the Department of Justice concluded that Ms. Reser suffered SIRVA as defined by the Vaccine Injury Table and that the residual effects lasted longer than six months.
Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement, finding Ms. Reser entitled to compensation.
Subsequently, on March 27, 2023, the respondent filed a proffer on award of compensation, indicating that Ms. Reser should be awarded $68,430.72.
This amount represented $66,000.00 for pain and suffering and $2,430.72 for past unreimbursable expenses. Ms.
Reser agreed with the proffered award. The Chief Special Master issued a decision awarding Ms.
Reser a lump sum payment of $68,430.72.