Kelly Seim v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Kelly Seim 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 on September 11, 2017. The respondent, the Secretary of Health and Human Services, filed a report conceding that Seim is entitled to compensation.

The respondent agreed that Seim satisfied the criteria for SIRVA as set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. The court issued a ruling on entitlement finding Seim entitled to compensation.

Subsequently, the respondent filed a proffer on award of compensation, indicating that Seim should be awarded $60,059.75, which included $60,000.00 for pain and suffering and $59.75 for past unreimbursable expenses. Seim agreed with this proffered award.

The court issued a decision awarding Seim the lump sum payment of $60,059.75.