David Kim v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

David Kim filed a petition for compensation under the National Vaccine Injury Compensation Program on November 23, 2020, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on January 3, 2020. He further alleged that his SIRVA symptoms persisted for more than six months.

The case was assigned to the Special Processing Unit. Respondent conceded that Petitioner is entitled to compensation, stating that the injury met the criteria in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA.

Respondent also agreed that the case was timely filed, the vaccine was received in the United States, and the statutory severity requirement was met. A ruling on entitlement was issued on January 10, 2023, finding Petitioner entitled to compensation.

Subsequently, on May 12, 2023, Respondent filed a proffer on award of compensation, proposing an award of $103,706.65, consisting of $97,500.00 for past pain and suffering and $6,206.65 for unreimbursable out-of-pocket expenses. Petitioner agreed with this proffered award.

The Chief Special Master issued a decision awarding Petitioner a lump sum payment of $103,706.65.