Lea Ayotte v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2023)

Lea Ayotte filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus diphtheria acellular Pertussis (Tdap) vaccination on October 25, 2019. The petition stated that the injury lasted for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Ayotte was entitled to compensation.

The respondent determined that she had no prior history of shoulder issues, that her pain and reduced range of motion began within 48 hours of the vaccination, and that these symptoms were limited to the injection shoulder. The respondent also agreed that the case was timely filed, the vaccine was administered in the U.S., and the injury met the severity requirement.

Based on the respondent's concession and the evidence, a ruling on entitlement was issued, finding Ms. Ayotte entitled to compensation.

Subsequently, the parties submitted a proffer on the award of compensation. The respondent proposed an award of $45,402.98, which included $45,000.00 for pain and suffering and $402.98 for past unreimbursable expenses.

Ms. Ayotte agreed with this proposed award.

The Chief Special Master issued a decision awarding Ms. Ayotte the stipulated amount of $45,402.98 as a lump sum payment.