Andrea C. Everhart v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Andrea C. Everhart filed a petition on November 19, 2020, seeking compensation under the National Vaccine Injury Compensation Program.

She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), a "Table injury," as a result of receiving a tetanus diphtheria acellular pertussis (Tdap) vaccine on June 4, 2019. Ms.

Everhart stated that she received the vaccination in the United States, experienced residual effects of the injury for more than six months, and had no prior award or settlement for this injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 4, 2022, conceding that Ms.

Everhart was entitled to compensation. The respondent indicated that medical personnel reviewed the petition and records, and agreed that Ms.

Everhart met the criteria for a SIRVA Table injury. Specifically, the respondent noted that she had no prior history of shoulder pain, inflammation, or dysfunction, her symptoms occurred within 48 hours of the intramuscular vaccination, her symptoms were limited to the vaccinated shoulder, and no other condition explained her symptoms.

On March 10, 2022, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms.

Everhart entitled to compensation. Subsequently, on May 3, 2022, the respondent filed a proffer on award of compensation.

The proffer recommended an award of $65,683.90, comprising $65,000.00 for pain and suffering and $683.90 for past unreimbursable expenses. Ms.

Everhart, who is a competent adult, agreed with this proffered award. On June 16, 2022, Chief Special Master Corcoran issued a decision awarding the stipulated amount of $65,683.90 as a lump sum payment to Ms.

Everhart. Petitioner's counsel was Kimberly Wilson White of Wilson Law, P.A., and respondent's counsel was Lauren Kells of the U.S.

Department of Justice.