Patricia G. Hustead v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Patricia Hustead filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a Table Injury of her right shoulder as a result of the influenza and Tdap vaccines she received on October 11, 2018. She also received a Pneumovax vaccine on that date, but it is not a covered vaccine under the program.

The respondent conceded that her injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed on the Vaccine Injury Table. The respondent further agreed that Ms.

Hustead had no prior history of shoulder issues, her pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that her condition persisted for more than six months.

Based on the respondent's concession and the evidence, the Chief Special Master ruled that Ms. Hustead was entitled to compensation.

Subsequently, the parties submitted a proffer for an award of compensation. The respondent proposed an award of $51,110.60, which included $50,000.00 for pain and suffering and $1,110.60 for past unreimbursable expenses.

Ms. Hustead agreed to this award.

The court issued a decision awarding Ms. Hustead the lump sum of $51,110.60.