Kimberly Asay v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2022)

Kimberly Asay filed a petition for compensation under the National Vaccine Injury Compensation Program on September 17, 2020, alleging a left shoulder injury related to vaccine administration (SIRVA) from a Tdap vaccination received on May 9, 2019. The case was assigned to the Special Processing Unit.

On December 17, 2021, the Respondent conceded that Petitioner was entitled to compensation, agreeing that she suffered a SIRVA as defined by the Vaccine Injury Table. The Respondent confirmed that Petitioner had no prior history of shoulder issues, her pain began within 48 hours of vaccination, was limited to the vaccinated shoulder, and no other condition explained the pain.

The Respondent also agreed that the residual effects lasted more than six months. Based on this concession, a ruling on entitlement was issued on December 22, 2021, finding Petitioner entitled to compensation.

On February 9, 2022, the Respondent filed a proffer on award of compensation, proposing an award of $80,654.67, which Petitioner accepted. This amount included $80,000.00 for pain and suffering and $654.67 for past unreimbursable expenses.

A decision awarding damages was issued on March 14, 2022, granting the lump sum payment.