Young Park v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Young Park filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a tetanus diphtheria acellular pertussis (Tdap) vaccine she received on June 5, 2019, caused her to suffer the Table injury of Shoulder Injury Related to Vaccine Administration (SIRVA). She further alleged that she suffered residual effects for more than six months and had received no prior compensation.
The respondent conceded that Petitioner is entitled to compensation, agreeing that she met the criteria for SIRVA on the Vaccine Injury Table. Specifically, she had no prior history of shoulder issues, her pain occurred within 48 hours after the vaccination, was limited to the injection site, and no other condition explained the pain.
The respondent also confirmed that the case was timely filed, the vaccine was administered in the United States, and the severity requirement was met. A ruling on entitlement was issued on July 13, 2022, finding Petitioner entitled to compensation.
Subsequently, on August 12, 2022, the respondent filed a proffer recommending an award of $70,000.00 for pain and suffering and $2,364.90 for unreimbursed expenses, totaling $72,364.90. Petitioner agreed with this proffered award.
The Chief Special Master issued a decision awarding Petitioner a lump sum payment of $72,364.90 on October 5, 2022.
Source PDFs
USCOURTS-cofc-1_20-vv-01334