Amy Tappendorf v. HHS - HPV, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Amy Tappendorf filed a petition for compensation under the National Vaccine Injury Compensation Program on November 16, 2020, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of a human papillomavirus (HPV) vaccine administered on March 22, 2019. Petitioner was 32 years old at the time of vaccination.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 25, 2022, conceding that Petitioner was entitled to compensation. The respondent's review concluded that Petitioner suffered a SIRVA of the right shoulder as defined by the Vaccine Injury Table, noting no recent history of right shoulder pain or dysfunction, onset of pain within 48 hours after the vaccination, pain limited to the vaccinated shoulder, and no other identified condition to explain the symptoms.

The case proceeded to a damages phase, as the parties could not informally resolve the issue of compensation. Chief Special Master Brian H.

Corcoran presided over the case. A hearing was held on January 29, 2024.

Petitioner requested $205,000.00 for past pain and suffering, while Respondent proposed $165,000.00. The parties agreed to unreimbursed expenses of $3,728.58 but disputed the appropriate rate and mileage for travel expenses.

The Special Master reviewed Petitioner's medical records, affidavits, and arguments from both parties. Petitioner underwent extensive treatment for her shoulder injury for approximately 21 months following the vaccination, including 100 physical therapy sessions, 16 chiropractic treatments, one steroid injection, two MRI scans, two shoulder manipulations under general anesthesia, and one arthroscopic shoulder surgery.

The Special Master found that while Petitioner's shoulder pain in June 2021 may have been a flare-up of the SIRVA, her subsequent shoulder pain and treatment beginning in November 2022 were more likely attributable to a workplace injury, noting a 17-month gap in treatment and Petitioner's own statements indicating she was doing well prior to the work injury. The Special Master awarded $185,000.00 for past pain and suffering, referencing Pruitt v.

Sec’y of Health & Human Servs. as a comparable case. For unreimbursed travel expenses, the Special Master determined that mileage should only be awarded through 2021, given the finding that later treatment was work-related.

Applying the IRS business mileage rate, the Special Master awarded $658.53 for mileage, in addition to the agreed-upon $3,728.58 for other unreimbursed expenses, for a total of $4,387.11 in unreimbursed expenses. The total award was $189,387.11, consisting of $185,000.00 for pain and suffering and $4,387.11 for unreimbursed expenses, payable to Petitioner.

Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Ryan Pohlman Miller of the U.S. Department of Justice.

The decision was issued on February 23, 2024.