Sharon Sirkis v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2023)

Sharon Sirkis filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccine administered to her right shoulder on November 24, 2018. She alleged her injury lasted for more than six months.

The respondent conceded that Petitioner is entitled to compensation, stating that her injury met the criteria for SIRVA as set forth in the Vaccine Injury Table. Specifically, the respondent noted that she had no prior history of shoulder issues, her pain occurred within 48 hours of the vaccination, and the pain and reduced range of motion were limited to the vaccinated shoulder.

The respondent also agreed that the statutory six-month sequela requirement was satisfied. Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation.

Subsequently, the parties submitted a proffer on the award of compensation. The respondent recommended an award of $111,165.82, consisting of $110,000.00 for pain and suffering and $1,165.82 for past unreimbursable expenses.

Petitioner agreed with this proffered award. The court awarded Sharon Sirkis a lump sum payment of $111,165.82.